CAT/C/31/D/215/2002 Page 6 5.4 The complainant says that in accordance with Swedish legislation, if an international organization makes a request for interim measures, the execution of the measure of expulsion must be halted. He adds that his counsel alerted the State party’s authorities to the interim measures he had requested from the Committee, and that the expulsion procedure is only concluded when the alien is accepted by the authorities of the country to which he is sent; consequently, the expulsion could have been suspended when he stopped over in Madrid. 5.5 The complainant contends that when he was deported he was exposed to a real and personal risk of torture in Colombia, and the fact that this did not take place is due to the circumstances of the case, such as the considerable assistance he received and the measures taken internationally to draw the State party’s attention to the case;8 as a result he was released within a relatively brief period, but the risk still exists and the possibility that he may still be prosecuted should not be ruled out. He maintains that he currently fears that paramilitary groups could capture and torture or murder him. 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. In this respect the Committee notes the State party’s assertion that the complainant’s complaint should be declared inadmissible, since it has already been submitted to the European Court of Human Rights. The Committee notes here that the complaint was withdrawn before it was examined by that body. Consequently, the Committee considers that article 22, paragraph 5 (a), of the Convention is not an obstacle to examination of the complaint. 6.2 The Committee also observes that the State party acknowledges that domestic remedies have been exhausted; consequently, it sees no further obstacles to the admissibility of the complaint. It therefore declares the complaint admissible and proceeds to consideration of the merits. 7.1 The Committee has considered the complaint in the light of all the information made available to it by the parties, in accordance with article 22, paragraph 4, of the Convention. 7.2 The Committee must decide whether the deportation of the complainant to Colombia constituted a violation of the State party’s obligation under article 3 of the Convention not to expel or return an individual to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 7.3 The Committee must assess whether there are grounds to believe that the complainant of the complaint would be in personal danger of being subjected to torture on returning to Colombia. In order to reach this conclusion, the Committee must take into account all relevant considerations in accordance with article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. The Committee recalls, however, that the aim 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 a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient grounds for determining whether the particular person would be in danger of being subjected to torture upon his return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk.

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