CAT/C/37/D/277/2005 Page 9 Additional comments by the State party 6.1 On 5 September 2006, the State party submitted the following complementary comments. It replies to the complainant’s assertion that the minutes of the interview contain no reference as to whether he was arrested one week after his discussion with the imam and refers to the minutes where it is in effect stated that he was arrested following the closure of his shop which took place one week after the Friday sermon. 6.2 Regarding the translation of the word “tahood” as bail, the legal expert consulted the original documents and had no idea of how the terms had been translated. According to the expert, a criminal record contains only information about crimes and convictions and it was because the document contained additional information that it was considered questionable. 6.3 Finally, in response to the complainant’s assertion that it had not been contested that he had been detained, physically abused and tortured; was not in a position to either confirm or contest this point. It highlights, however, that the medical certificates provided by the complainant supports the existence of old scars but do not per se prove when or how these scars were caused. Moreover, the certificate confirms that the injuries correspond with his description of their origin was not issued by an expert on torture. Issues and proceedings before the Committee Consideration of admissibility 7. Before considering any claims contained in a communication, 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. Following information received from the State party on 29 March 2006 that the Migration Board had decided, on 3 March 2006, not to grant a residence permit to the complainant, the Committee considers that available domestic remedies have been exhausted. The Committee finds that no further obstacles to the admissibility of the communication exist. It considers the complaint admissible and thus proceeds immediately to its consideration of the merits. Consideration of the merits 8.1 The issue before the Committee is whether the removal of the complainant to Iran would violate the State party's obligation under article 3 of the Convention not to expel or to return a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 8.2 In assessing the risk of torture, the Committee takes into account all relevant considerations, including the existence in the relevant State of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of such determination is to establish whether the individual concerned would be personally at risk in the country to which he would return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute a sufficient ground for determining that a particular person would be in danger of being subjected to torture upon