CAT/C/35/D/254/2004 page 6 5.3 As for his lack of political involvement, the complainant states that he feared political persecution owing to his familiarity with the former Minister’s affairs. Although Mr. Sayyed is now free to resume his political activities, the complainant asserts that, should he oppose the current Government, the old charges of corruption would resurface. In that eventuality the complainant would be compelled to provide the necessary information to the National Accountability Bureau. 5.4 With regard to his fear of being arrested and charged if returned to Pakistan owing to the fact that he left the country illegally, the complainant emphasizes that on his arrest the Pakistani police would present him with a long list of charges arising from his former position within the Ministry. The complainant considers that he would then not receive any support from Mr. Sayyed. Issues and proceedings before the Committee 6.1 Before considering any claims contained in 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 the present case the Committee further notes that domestic remedies have been exhausted and that the State party does not contest admissibility. Accordingly, the Committee finds the complaint admissible and proceeds to consideration of the merits. 6.2 The first issue before the Committee is whether return of the complainant to Pakistan would constitute a violation of the obligation of the State party, 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 would be in danger of being subjected to torture. 6.3 The Committee must determine, 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 Pakistan. In order to take such a decision, the Committee must take account of all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. It follows that the existence of a pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient reason for determining that a particular person would be in danger of being subjected to torture on return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be subjected to torture in his or her specific circumstances. 6.4 The Committee recalls its general comment on the implementation of article 3, that “the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable” (A/53/44, annex IX, para. 6).

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