CAT/C/41/D/285/2006 page 6 Issues and proceedings before the Committee Consideration of admissibility 6.1 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. 6.2 The Committee notes that there is no obstacle to admissibility, which is not challenged by the State party. Accordingly, the Committee considers the complaint admissible and proceeds to its consideration of the merits. Consideration of the merits 7.1 The issue before the Committee is whether the removal of the complainants to Algeria would violate the State party’s obligation under article 3 of the Convention not to expel or return (refouler) 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. 7.2 In assessing the risk of torture, the Committee takes into account all relevant considerations, in accordance with article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. The aim of such assessment, however, is to determine whether the individuals concerned would personally risk torture in the country to which they would return. It follows that the existence in a country of a consistent pattern of gross, flagrant or mass violations of human rights does not as such constitute a sufficient ground for determining that a particular person would be in danger of being subjected to torture on his or her return to that country. Additional grounds must be adduced to show that the individual concerned would be personally at risk. Similarly, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person may not be subjected to torture in his or her specific situation. 7.3 The Committee recalls its general comment on article 3, which states that the Committee must assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if removed to the country concerned. The risk need not be highly probable, but it must be personal and present. 7.4 As to the burden of proof, the Committee again recalls its general comment on article 3 and its case law, which state that the burden is generally on the complainant to present an arguable case and that the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. 7.5 In the present case, the complainant asserts that, in 2000-2001, he was threatened by his former employer, a retired Algerian army general, and that, in 2002, he was arrested, held incommunicado for one week and ill-treated. He claims that, subsequently, he was summoned by the police on three occasions. The State party points out that his account of the circumstances of