CAT/C/49/D/417/2010 4.10 With regard to the admissibility and merits of the complaint, the State party submits that the complainant’s claims are inadmissible, or, in the alternative, without merit, because he has not provided sufficient evidence to substantiate his claims. Should the Committee find that the allegations are admissible, the State party submits that the claims are without merit as they have not been supported by evidence that there is a real risk of torture as defined by article 1 of the Convention. The State party argues, with reference to the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the Convention in the context of article 225 and rule 113 (b) of its rules of procedure, that it is the responsibility of the complainant to establish a prima facie case for purposes of admissibility, and that the complainant has failed to substantiate that there is a foreseeable, real and personal risk that he would be subjected to torture by Chinese authorities if returned to China. The State party further submits that the obligation under article 3 must be interpreted with reference to the definition of torture set out in article 1 of the Convention.6 The obligation of non-refoulement is confined to torture and does not extend to cruel, inhuman or degrading treatment or punishment,7 this distinction being retained in the Committee’s jurisprudence. 4.11 The State party submits that a State party would be in breach of its non-refoulement obligations under article 3 of the Convention when an individual is found to be personally8 at risk of such treatment should he or she be returned to his or her country of origin. The existence in a country of a consistent pattern of gross, flagrant or mass violations of human rights does not in itself constitute a sufficient ground for determining that a particular person would be in danger of being subjected to torture on his or her return, therefore additional grounds must be adduced to show that the individual concerned would be personally at risk.9 The onus of proving that there is “a foreseeable, real and personal risk of being subjected to torture” upon extradition or deportation rests on the applicant.10 The risk need not be “highly probable”, but it must be “assessed on grounds that go beyond mere theory and suspicion”.11 The Committee has expressed a view that while the risk does not have to meet the test of being highly probable, the danger must be personal and present.12 4.12 The Refugee Review Tribunal found that the complainant’s claims were vague and un-particularized. The Tribunal was not satisfied that the complainant was a Falun Gong practitioner, because the complainant’s claims lacked details in important aspects. The complainant had claimed that he had begun to practise Falun Gong at the end of 1997, however gave no details about the nature of his practice, or where or how often he practised. Furthermore, the complainant had claimed to be a Falun Gong organizer, however had not provided any further details about these activities. The Tribunal also noted that the complainant had made claims regarding suppression of Falun Gong by the police and “brainwashing classes” that he was forced to attend for three months. However, he had not provided particulars regarding the violence committed by the police or the brainwashing classes.13 The Tribunal concluded that due to the lack of detail in the 5 6 7 8 9 10 11 12 13 6 Official Records of the General Assembly, Fifty-third Session, Supplement No. 44 (A/53/44 and Corr.1), annex IX), para. 4. Reference to communication No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998, para. 6.5. Committee’s general comment No. 1, para. 1. Emphasis as appears in the original submission. Reference is made to communication No. 177/2001, H.M.H.I v. Australia, Views adopted on 1 May 2002, para. 6.5. Communication No. 203/2002, A. R. v. Netherlands, Views adopted on 14 November 2003, para. 7.3. Ibid. Committee’s general comment No. 1, para. 7. Refugee Review Tribunal Decision N04/48189, 24 March 2004, pp. 7-8.