CAT/C/49/D/435/2010 editors to its offices for distorting Government statements and in 2010 it warned the editors of the Mwananchi newspaper of possible legal action if the newspaper continued to publish articles criticizing the Government. The State party notes, however, that no further action was taken against those editors and Mwananchi continued to publish critical articles. Moreover, according the Reporters Without Borders 2010 World Press Freedom Index, Tanzania was ranked among the world’s top 50 nations in terms of respect for press and media freedom. It also noted that attacks on journalists have decreased in number over the years and journalists work in steadily improving conditions. 4.9 As to the present case, the State party maintains that there may be no doubts that the circumstances referred to in the reports above and in the Migration Board’s decision do not in themselves suffice to establish that the forced return of the complainant to the United Republic of Tanzania would entail a violation of article 3 of the Convention. The Committee, therefore, should determine the complainant’s personal risk of being subjected to torture following his removal to Tanzania. 4.10 The State party notes that, according to the Committee’s jurisprudence, for the purposes of article 3 of the Convention the individual concerned must face a foreseeable, real and personal risk of being tortured in the country to which he or she is to be returned.7 In addition, the requirement of necessity and predictability should be interpreted in the light of the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the Convention,8 according to which it is for the complainant to present an arguable case. Moreover, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion, although it does not have to meet the test of being highly probable. 4.11 The State party adds that the complainant’s claims were examined in accordance with the applicable domestic law, and that several provisions of the Aliens Act reflect the same principle as that laid down in article 3 of the Convention. Thus, the Swedish migration authorities have applied the same test in assessing the risk of being subjected to torture when considering an asylum application under the Act as the Committee would apply when examining a subsequent communication under the Convention.9 The State party emphasizes that the national authorities are well placed to assess the information submitted by an asylum seeker and to appraise his or her statements and claims in view of the fact that they have the benefit of direct contact with the person concerned. In the light of the above, the State party contends that a great weight must be attached to the assessment made by the Swedish migration authorities, which in the present case was well justified. 4.12 Concerning the assessments of the credibility of the complainant’s statements, the State party draws the Committee’s attention to the fact that the complainant provided the Committee with a document which appears to be a medical record, dated 20 July 2002 and issued by the Maswa Council Hospital in the United Republic of Tanzania. However, no such document was ever presented before the migration authorities. The State party adds that, in any event, it is not clear whether the complainant was examined by a medical doctor specializing in torture injuries, nor how the medical examination was carried out. The State party further notes that the document seems to be a medical record and not a medical report in its strict sense. The document is vague and does not contain any concrete details concerning, for example, the injuries and how they may have occurred. Consequently, the State party considers that the document in question should be given very little, if any, value 7 8 9 6 Reference is made to communication No. 103/1998, S.M.R. and M.M.R. v. Sweden, Views adopted on 5 May 1999, para. 9.7. Official Records of the General Assembly, Fifty-third Session, Supplement No. 44 (A/53/44 and Corr.1), annex IX. Reference is made to chapter 4, sections 1 and 2 of the Act.

Select target paragraph3