7.3 As regards the alleged inconsistencies in the author’s story, counsel maintains that the author already at first instance invoked serious illtreatment and rapes, and refers to articles in medical journals explaining the psychological blockage in torture victims preventing them from telling the full story upon arrival in a safe country. In this context, counsel points out that the author’s statements about her sufferings are initially sparse and casual, and are only elaborated later, with the passage of time. Counsel emphasizes that the author’s story has remained unchanged, coherent and plausible throughout. Counsel further states that the failure to present medical evidence before July 1995 was caused by the author’s conviction of the righteousness of her claims and further by a lack of financial means. 7.4 As regards the State party’s statement that the human rights situation in Zaire has improved and that therefore there is no danger for the author in returning to her country, counsel refers to an opinion of a UNHCR senior legal adviser, on 9 May 1995, to the effect that, although the UNHCR no longer opposed the return of rejected asylum seekers to Zaire, an exception existed for groups particularly at risk, such as active members of Zairian political opposition parties and in particular of UDPS. Counsel argues that despite certain improvements, there still does exist a consistent pattern of gross, flagrant or mass violations of human rights in Zaire. 7.5 Counsel concludes that the author has presented sufficient evidence that she was a political activist for UDPS and well known to the Zairian authorities, that she has been imprisoned, tortured and ill treated owing to her political activities, that the human rights situation in Zaire is deplorable and that especially UDPS activists are in danger of persecution. She therefore claims that the author’s return to Zaire would have the foreseeable and necessary consequence of exposing her to a real risk of being detained and tortured. Issues and proceedings before the Committee 8. Before considering any claims contained in a communication, the Committee 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. The Committee also notes that all available domestic remedies have been exhausted and finds that no further obstacles to the admissibility of the communication exist. Since both the State party and the author’s counsel have provided observations on the merits of the communication, the Committee proceeds immediately with the consideration of the merits of the communication. 9.1 The issue before the Committee is whether the forced return of the author to Zaire would violate the obligation of Sweden under article 3 of the Convention not to expel or to return a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 9.2 Pursuant to article 3, paragraph 1, the Committee must decide whether there are substantial grounds for believing that Ms. Kisoki would be in danger of being subject to torture upon return to Zaire. 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 individual concerned would be personally at risk of being subjected to torture in the country to which he -85-

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