- 135 could be performed in Colombo. According to the State party, the same is true of the health check-ups and any medical treatment the complainant might require. The State party states that the Commission was therefore right to conclude that the medical services available in Colombo could be considered satisfactory and able if necessary to provide any treatment needed by the complainant. 4.16 In the light of the above arguments, the State party concludes that there is nothing to suggest that there are substantial grounds for fearing that the complainant would actually be personally at risk of torture on returning to Sri Lanka. According to the State party, the complainant’s allegations also fail to prove that sending him back to Sri Lanka would expose him to a real, concrete and personal risk of being tortured. Comments by the complainant on the State party’s observations 5.1 The complainant points out that the contradictions and inconsistencies found in his allegations and cited by the Swiss Government to confirm the decision of the Swiss Appeal Commission on Asylum Matters should be seen in the context of the way in which he was heard by the Swiss authorities when he arrived. In this respect, the complainant states that he was seriously ill with tuberculosis and that he was in an extremely weak condition when he had to answer all the questions of the Swiss authorities. The complainant asserts that, given his condition, it is obvious that certain details might have been forgotten or badly explained and that, moreover, six months after his arrival he had needed to be hospitalized for three weeks. 5.2 The complainant then contests the arguments of the Federal Office for Refugees casting doubt on his flight from Colombo, stating that he had called on the services of a trafficker precisely to avoid police and customs controls at Colombo airport. Issues and proceedings before the Committee 6.1 Before considering a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. In this case, the Committee also notes that all domestic remedies have been exhausted and that the State party has not contested admissibility. It therefore finds the complaint admissible. Since both the State party and the complainant have provided observations on the merits of the complaint, the Committee proceeds with the consideration of the merits. 6.2 The issue before the Committee is whether the expulsion of the complainant to Sri Lanka would violate the State party’s obligation under article 3 of the Convention not to expel or return a person to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 6.3 The Committee must decide, pursuant to article 3, paragraph 1, whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Sri Lanka. In reaching this decision, the Committee must take into account