CAT/C/31/D/203/2002 Page 7 contends that the complainant’s political activities in both Iran and the Netherlands have been significant, and that in the Netherlands his name has appeared in domestic media on several occasions; the complainant should not be expected to prove that his activities in the Netherlands are known to the Iranian authorities. The State party’s additional observations 6.1 By note dated 14 April 2003 the State Party provided the Committee with additional observations. It states that there is no evidence that the complainant faces a personal risk of torture if returned to Iran, and that his arguments are based on mere speculation and suspicion. It reiterates that, based on the evidence, the complainant did not play a leading role in the Fedayeen-e-Khalg, and that he did not experience significant difficulties in Iran after 1985. It recalls that the complainant’s proceedings before the Dutch immigration and judicial authorities have lasted 7 years, and that the courts twice upheld the lawfulness of the relevant authority’s actions. 6.2 The State party refers to the Committee’s case law in communication no 204/2002, HKH v Sweden, 28 November 2002, where the Committee noted that, in order for a violation of article 3 of the Convention to occur, ‘additional grounds must be adduced to show that the individual concerned would be personally at risk.’ 6.3 In relation to the authenticity of the Iranian documents, reviewed by an expert on the complainant’s behalf, the State party notes that the documents cited by the expert bore different dates to those tendered by the complainantand that the name of the person to whom the documents referred had been deleted. It also submits that it took into account the general situation in Iran in considering what personal risk might be run by the author upon his return to Iran. Issues before the Committee 7.1 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 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 considered under another procedure of international investigation or settlement. The Committee notes that the State party has not raised any objections to the admissibility of the communication. The Committee finds therefore that no obstacles to the admissibility of the communication exist and proceeds with the consideration of the merits of the communication. 7.2 The Committee must determine whether the forced return of the complainant to Iran would violate the State party’s obligations 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 would be in danger of being subject to torture. In reaching its conclusion, the Committee must take into account all relevant considerations, including the existence in the relevant State of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim is to establish whether the individual concerned would be at personal risk of torture in the country to which he or she would be returned. In accordance with the Committee’s jurisprudence, the existence of a consistent pattern of gross, flagrant or mass violation of human rights

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