CAT/C/31/D/213/2002 Page 5 The State party’s observations on admissibility and the merits: 4.1 In a written submission dated 15 October 2002, the State party set out its observations on the admissibility and the merits of the complaint. On admissibility, and with reference to the requirement set out in article 22, paragraph 5 (a), of the Convention, the State party expresses its confidence that the Committee will ascertain whether the complaint has not been and is not being examined under another procedure of international investigation or settlement. 4.2 On the admissibility requirement set out in article 22, paragraph 5 (b), of the Convention, the State party acknowledges that all domestic remedies have been exhausted in this case. The Swedish Migration Board held a first interview with the complainant on the day after his arrival in Sweden; the second interview took place on 26 July 2000. On 26 September 2000, the Migration Board rejected the complainant’s application for asylum and ordered that he should be deported to his country of origin. The complainant appealed, but the Aliens Appeals Board rejected the appeal on 19 February 2002. 4.3 The State party contends, however, that the complaint should be declared inadmissible in accordance with article 22, paragraph 2, of the Convention, since it lacks the minimum substantiation that would render it compatible with article 22 of the Convention. As an example, the State party cites the case of Y. v. Switzerland.1 4.4 Should the Committee declare the complaint to be admissible, the State party asserts that, as regards the merits of the complaint, returning the complainant to Costa Rica would not constitute a violation of article 3 of the Convention. It points out that, in accordance with the Committee’s jurisprudence, application of article 3 of the Convention must take account of (a) the general human rights situation in the country, and (b) the danger personally faced by the complainant of being subjected to torture in the country to which he is returned. 4.5 On the general human rights situation in Costa Rica, the State party asserts that there is no consistent pattern of gross, flagrant or mass violations of human rights. It bases its assertion on reports on the human rights situation in the country, on the Committee’s concluding observations on Costa Rica’s initial report of 2001, on the fact that consensual homosexual relationships between adults are legal in that country and on the fact that Costa Rica has ratified various human rights instruments, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The State party asserts that the torture alleged by the complainant took place some time ago and that the human rights situation in Costa Rica has considerably improved since. 4.6 As to whether the complainant is personally in danger of being subjected to torture, the State party asserts that the circumstances he invokes are not sufficient evidence that he runs a foreseeable, real and personal risk of being tortured in Costa Rica. The State party refers in this connection to the Committee’s jurisprudence on the interpretation of article 3 of the Convention.2