CAT/C/30/D/190/2001 page 8 5.4 Regarding the alleged contradictions and inconsistencies of his account of the facts, the complainant considers that the State party misinterpreted his words, particularly on the question of his detention on account of his brother’s political activities. During the first interview with the Dutch authorities, the complainant mentioned that he was arrested once because of his homosexuality and several times in connection with his brother’s political activities. His following declarations about his separate and different arrests were either related to arrests by the Sepah or by the Committee. The complainant finally notes that he is not in a position to compare his interviews with those of his brother as he was transmitted the file by the State party. 5.5 Regarding the alleged implausibility that he was arrested in August 1992 for his homosexuality because he was not open about his sexual preference, the complainant reiterates that he was arrested further to complaints made by neighbours who saw him with K.H., who was openly homosexual. Moreover, the complainant considers that it is perfectly conceivable that K.H. went into hiding. 5.6 Regarding the fact that K.H. did not mention the detention of the complainant during his own asylum hearing, it is noted that K.H. was not specifically interrogated on this issue and that interviews were short. 5.7 The complainant confirms that he never received any document recording his death sentence, and that he was only informed of it when the sentence was pushed under his cell door and then pulled back. 5.8 The complainant finally submits an additional report made by “Stichting Centrum ‘45”, an organization dealing with traumatized war victims and asylum-seekers, according to which his situation is worsening and that serious risk of “balance suicide” exists. Contrary to the State party, the complainant considers that medical reports constitute evidence in support of his claim. Moreover, he notes that he has already demonstrated the relevance of the medical reports. Issues and proceedings before the Committee 6.1 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. 6.2 Moreover, the Committee notes that the State party has not submitted any objections on the admissibility of the communication, including with regard to the exhaustion of domestic remedies. The Committee therefore declares the communication admissible and proceeds without further delay to its consideration of the merits. 7.1 The Committee must decide whether the forced return of the complainant to Iran would violate the State party’s obligation, 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 subjected to torture. In order to reach its conclusion, the Committee must take into account all relevant considerations, including the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of