CAT/C/40/D/311/2007 Page 9 Issues and proceedings before the Committee Consideration of admissibility 8. Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. The Committee further notes that it is uncontested that domestic remedies have been exhausted and that the State party does not challenge the admissibility of the communication. Accordingly, the Committee finds the complaint admissible and proceeds to its consideration on the merits. Consideration on the merits 9.1 The issue before the Committee is whether the complainant's removal to Belarus would constitute a violation of the State party's obligation, under article 3 of the Convention, not to expel or return a person to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 9.2 In assessing whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Belarus, the Committee must take account of all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. The Committee reiterates that the existence of a pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient reason for determining that a particular person would be in danger of being subjected to torture on return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be subjected to torture in his or her specific circumstances. 9.3 The Committee recalls its general comment on the implementation of article 3, that "the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable" (A/53/44, annex IX, para. 6). 9.4 In the present case, the complainant claimed that he was targeted by the Belarusian authorities after 1998, because of his political activities. He was issued a passport and asked to leave the country. During his detention in 1999 - 2000, he was allegedly sexually assaulted by his co-detainees, at the police request. The Committee notes that the State party has objected that neither the detention nor the alleged assault in question were ever mentioned by the complainant before the Swiss asylum authorities, but were submitted only in the framework of the present communication to the Committee, and even not in the complainant’s initial submission. The Committee notes that the complainant has not presented any evidence in relation to his alleged assault, in particular he has presented no medical certificate in this connection. 9.5 The only element in substantiation of these allegations constitutes an attestation issued by the detention Centre, which however only confirms that the complainant was detained there from 18 November 1999 to 8 February 2000. The Committee further notes that the

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