CAT/C/22/D/106/1998 page 9 Moreover, any treatment the author is likely to receive at the hands of the Sri Lankan authorities would not have the necessary deliberateness or severity to constitute torture as defined in article 1, paragraph 1, of the Convention. Author's comments 5.1 In accordance with rule 110, paragraph 4, of the rules of procedure of the Committee, the observations received from the State party were communicated to the author’s representative, with the request that any comments he might wish to submit thereon should reach the Committee within six weeks of the date of the transmittal. No such comments were received despite a reminder sent several months after the given deadline. Issues and proceedings before the Committee 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee notes that the author has not provided comments to the State party's observations and considers that, in accordance with rule 108, paragraph 8, of its rules of procedure, non-receipt of such comments within the established time-limit should not delay the consideration of the admissibility of the communication. It therefore proceeds to the examination of the admissibility issue. 6.2 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 and notes that the exhaustion of domestic remedies is not contested by the State party. It further notes the State party's view that the communication is inadmissible because it lacks the minimum substantiation that would render it compatible with the Convention and that there is a particular onus on the author to substantiate and convincingly plead a prima facie case in refoulement cases. The Committee nevertheless considers that the author has provided enough substantial elements prima facie and that his communication is compatible with the provisions of the Convention. It therefore considers that the communication is admissible. 6.3 Since the State party has also provided observations on the merits and the author, in accordance with rule 110, paragraph 4, of the rules of procedure, has been given the opportunity to make comments on such observations, the Committee will proceed to examine the communication on its merits. 6.4 The Committee must decide whether the forced return of the author to Sri Lanka would violate the State party's obligation under article 3, paragraph 1, of the Convention not to expel or return (refouler) an individual to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture. In order to reach its conclusion the Committee must take into account all relevant considerations, including the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. The aim, however, is to determine whether the individual concerned would personally risk torture in the country to which he or she would return. It follows that the existence of