CAT/C/33/D/133/1999 page 10 8.4 The Committee notes that the State party has at no time challenged the authenticity of the medical and psychological reports on the author’s case. In the Committee’s view, those reports lend considerable weight to his allegation that he was tortured during the interrogations he underwent in a military camp. According to the medical report, Mr. Falcon Ríos bore numerous scars from cigarette burns on various parts of his body, and scars from knife wounds to both legs. The conclusion of the reporting physician was that “the marks on the patient’s body are compatible with the torture that he states he suffered”. 8.5 The Committee notes the State party’s point that the Refugee Protection Division concluded that the complainant’s testimony contained significant gaps. However, it also notes that, according to the psychologist’s report, the complainant displayed “great psychological vulnerability” as a result of the torture to which he had allegedly been subjected. The same report states that Mr. Falcon Ríos was “very destabilized by the current situation, which presents concurrent difficulties”, and that he was “bruised, weakened by the torture he had undergone and events associated with trauma”. In the Committee’s view, the vagueness referred to by the State party can be seen as a result of the psychological vulnerability of the complainant mentioned in the report; moreover, the vagueness is not so significant as to lead to the conclusion that the complainant lacks credibility. In considering the foregoing and formulating its opinion, the Committee has had due regard for its established practice, according to which it is not the Committee’s place to question the evaluation of evidence by the domestic courts unless the evaluation amounts to a denial of justice. 8.6 The Committee also takes note of, and attaches due weight to, the evidence and arguments put forward by the complainant concerning his personal risk of being subjected to torture: the fact that he has been arrested and tortured in the past because he was suspected of having links with EZLN; the scars he continues to bear as a result of acts of torture which he suffered; the fact that the conflict between the Mexican Government and the Zapatista movement is not yet over and that some members of his family are still missing. In the light of the foregoing and after due deliberation, the Committee considers that there is a risk of the complainant being arrested and tortured again on returning to Mexico. 9. In the light of the foregoing, the Committee concludes that removal of the complainant to Mexico would constitute a violation by the State party of article 3 of the Convention. 10. In accordance with rule 111, paragraph 5, of its rules of procedure, the Committee requests the State party to inform it, within 90 days, of the steps it has taken in response to the present views. [Adopted in English, French, Russian and Spanish, the Spanish text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.]