CAT/C/37/D/279/2005** Page 6 before the Committee, and there is no conclusive evidence, substantiating the alleged fear. The submitted documents drawn up by Mr. Joseph Matata, a representative of Centre du lutte contre “impunite et l'injustice au Rwanda”, only refer to the Gacaca tribunals in general and do no support the allegation that the first complainant personally would be at risk. The only evidence in support of this claim is the letter from M. U., referred to above. The letter, which is undated and unsigned, does not give any specific details of the alleged criminal investigation or of any pending criminal charges in Rwanda that concern the first named complainant. In addition, it does not appear from the letter who the author is or how he or she received the information. In the State party’s view, the letter cannot therefore be regarded as reliable evidence that, in case of expulsion, the first named complainant would risk indictment for genocidal acts before the Gacaca tribunals, let alone that she would be at risk of torture. 4.9 The State party recalls the Committee’s jurisprudence that while past torture is one of the elements to be taken into account when examining a claim under article 3 of the Convention, the aim of the examination is to determine whether the complainants would risk being subjected to torture if returned to their country at the present time4. Thus, even if it were to be established that the first named complainant had been subjected to ill-treatment in 2002, it does not prove her claim that their removal to Rwanda would expose them to a foreseeable, real and personal risk of being tortured thereby constituting a violation of article 3. The State party acknowledges that reports had been made that military troops, until their withdrawal in October 2002, abducted women and children from villages they raided to perform labour, military services and sexual services. 4.10 The State party submits that even if the first named complainant had proved that she was a member of the PDR-Ubuyanja party, and that she was arrested and detained and managed to escape, the political situation in Rwanda has undergone significant changes since the complainants' arrival in Sweden, especially since the 2003 elections. The party is a proscribed political party and its activities are subject to monitoring by the authorities. However, there is no objective evidence to show that ordinary members or relatives of members of the party are at risk from the authorities According to her own statement, she only attended one party meeting. If the first named complainant had became a member of the party, it must have been at a very low level and thus she would not be at risk from the authorities. For these reasons, the State party concludes that the complainants have not shown that there is a foreseeable real and personal risk of torture if returned to Rwanda. Complainant’s comments on the State party’s observations on the admissibility and the merits 5.1 On 28 September 2006, the complainants refer to the Migration Board decision of 5 July 2006, and highlight its finding that there was no medical obstacle to returning the complainants to Rwanda. However, it did not consider what the effects of being expelled would have on their health in Rwanda. The Board made this decision despite a medical report, of 2 June 2006, which confirmed the first complainant’s claims of rape and diagnosed her as suffering from PTSD. 5.2 As to the State party’s claim that the first named complainant’s lack of detail regarding the PDR-Ubuyanja party demonstrates her lack of credibility, the complainants argue that a 4 X, Y and Z v. Sweden, Complaint No. 61/1996, Views adopted on 6 May 1998, para. 11.2