CAT/C/33/D/133/1999 page 9 7.5 The Committee also notes the State party’s claim that the complainant could also have requested a review of the risks of return to his country before being expelled, and if the application had been granted he might have been authorized to remain in Canada. On this point the Committee observes, in the light of the material on file, that if, in the related proceedings, an individual resubmitted an application for asylum that had already been evaluated by the Refugee Protection Division, as in the present case, it would only be any fresh evidence that would be taken into consideration, and otherwise the application would be rejected. In its view, therefore, this procedure would not afford the complainant an effective remedy; the Committee has consistently held that only effective remedies need to be exhausted. 7.6 In the light of the foregoing, the Committee finds the communication admissible insofar as it relates to a violation of article 3, and thus proceeds to discuss the case on its merits. Issues and proceedings before the Committee as to the merits 8.1 As provided in article 3, paragraph 1, the Committee must decide whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if he were returned to Mexico. In order to take this decision, the Committee must take into account all relevant considerations, in accordance with article 3, paragraph 2, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the purpose of this analysis is to determine whether the person concerned would personally be in danger of being subjected to torture in the country to which he would be returned. It follows that the existence in a country of a consistent pattern of gross, flagrant or mass violations of human rights is not in itself a sufficient reason for establishing that a particular person would be in danger of being subjected to torture if he were returned to that country. There must be other reasons to suggest that the person concerned would personally be in danger. Similarly, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person cannot be subjected to torture in his own particular situation. 8.2 The Committee draws attention to its general comment on the implementation of article 3, which reads: “Bearing in mind that the State party and the Committee are obliged to assess whether there are substantial grounds for believing that the author would be in danger of being subjected to torture were he/she to be expelled, returned or extradited, 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). 8.3 The Committee recalls the report on its visit to Mexico from 23 August to 12 September 2001,5 and stresses that recent reports on the human rights situation in Mexico have concluded that although efforts have been made to eliminate torture, many cases of torture are still reported. However, in line with the reasoning previously advanced, although it might be possible to assert that there still exists in Mexico a pattern of human rights violations, that in itself would not constitute sufficient cause for finding that the complainant was likely to be subjected to torture on his return to Mexico; additional reasons must exist indicating that the complainant would be personally at risk.