CAT/C/38/D/298/2006 page 13 8.6 The Committee must decide, pursuant to article 3, paragraph 1, of the Convention, whether there are substantial grounds for believing that the complainants would be in danger of being subjected to torture if they were returned to Mexico. In reaching this decision, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. The aim of the determination, however, is to establish whether the individuals concerned would be personally at risk of being subjected to torture in the country to which they 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 a sufficient ground for determining that a particular person would be in danger of being subjected to torture upon his or her return to that country. Other grounds must exist that indicate that the individual concerned would be personally at risk. Similarly, the absence of a consistent pattern of gross, flagrant or mass violations of human rights does not mean that a person cannot be considered to be in danger of being subjected to torture in his or her specific circumstances. 8.7 The Committee recalls its general comment on the implementation of article 3 of the Convention, in which it states that it is obliged to assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture were he or she to be returned to the country in question, and that the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. The risk does not have to meet the test of being highly probable, but the danger must be personal and present. 8.8 The Committee notes that the State party has pointed out many discrepancies in the main complainant’s testimony to the various authorities that examined his allegations. It also notes the information provided by the complainants in this regard, in particular that some of the alleged contradictions were the result of misunderstandings of C.A.R.M.’s statements; that he had been nervous during his first interview and had not had sufficient time during his interviews to explain his case. 8.9 However, the Committee is of the view that the complainants have not provided satisfactory explanations on some of the points raised by the State party, in particular regarding the contradictions concerning the identity of their persecutors and the alleged discrepancies concerning the meeting at the town hall. The Committee notes that the complainants were never arrested, that they never lodged a complaint at the time of the alleged events or asked for protection from the Mexican authorities, and that they did not attempt to take refuge in another region of Mexico. 8.10 On the burden of proof, the Committee recalls its jurisprudence to the effect that it is normally for the complainant to present an arguable case and that the risk of torture must be assessed on grounds that go beyond mere theory and suspicion.3 3 See communications No. 256/2004, M.Z. v. Sweden, Views adopted on 12 May 2006, para. 9.3; No. 214/2002, M.A.K. v. Germany, Views adopted on 12 May 2004, para. 13.5; and No. 150/1999, S.L. v. Sweden, Views adopted on 11 May 2001, para. 6.3.