CAT/C/35/D/245/2004 Page 9 remedies available under the Canadian immigration review scheme are ineffective, as alleged by counsel, need not be considered by the Committee. 7.3 With regard to the complainant’s allegation that the decision to return him to India would in itself constitute an act of cruel, inhuman or degrading treatment or punishment in contravention of article 16 of the Convention, the Committee notes that the complainant has not submitted sufficient evidence in substantiation of this claim. In particular, the Committee recalls that, according to its jurisprudence, the aggravation of the complainant’s state of health that could possibly be caused by his deportation does not amount to the type of cruel, inhuman or degrading treatment envisaged by article 16 of the Convention 7 . While the Committee acknowledges that the complainant’s deportatio n to India may give rise to subjective fears, this does not, in its view, amount to cruel, inhuman or degrading treatment, within the meaning of article 16 of the Convention. Therefore, the claim under article 16 of the Convention lacks the minimum substantiation, for purposes of admissibility. 7.4 With regard to the complainant’s claim under article 3, paragraph 1, of the Convention, the Committee considers that no further obstacles exist to its admissibility and accordingly proceeds with its consideration on the merits. Merits considerations 8.1 The Committee must evaluate whether there are substantial grounds for believing that the complainant would be personally in danger of being subjected to torture upon return to India. In assessing the risk, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2 of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. 8.2 In this regard, the Committee takes note of the reports submitted by the complainant, which confirm that incidents of torture in police custody have continued after the end of the militancy period in Punjab in the mid-1990, and that perpetrators have not been brought to justice in many cases. It also notes the State party’s argument that the human rights situation in the Punjab has improved and stabilized in recent years. 8.3 However, the Committee recalls that the aim of the determination is to establish whether the complainant would be personally at risk of being subjected to torture in India. It follows that, even if a consistent pattern of gross, flagrant or mass violations of human rights could be said to exist in that country, such a finding would not as such constitute a sufficient ground for determining that the complainant would be in danger of being subjected to torture upon his return to India; additional grounds must exist to show that he would be personally at risk. Similarly, the absence of a consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger of being subjected to torture in his or her specific circumstances. 8.4 The Committee notes that the complainant submitted evidence in support of his claim that he was tortured during detention in 1999, including medical reports, as well as written testimony said to corroborate this allegation. It also notes the 2001 medical report from a clinic in Canada, which concluded that there was sufficient objective physical and 6 Communication No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998, para. 6.7; B.S.S. v. Canada, para. 10.2.