CAT/C/51/D/438/2010 risk does not have to meet the test of being “highly probable” (para. 6), the Committee notes that the burden of proof generally falls on the complainant, who must present an arguable case that he or she faces a “foreseeable, real and personal” risk.8 The Committee further recalls that in accordance with its general comment No. 1, it gives considerable weight to findings of fact that are made by organs of the State party concerned,9 while at the same time it is not bound by such findings and instead has the power, provided by article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of circumstances in every case. 7.4 The Committee notes that the State party has drawn its attention to perceived factual inconsistencies in the complainants’ accounts. The Committee also takes note of the comments presented by the complainants on the State party’s observations. It considers, however, that these inconsistencies do not constitute an obstacle for the Committee’s assessment of the risk of torture in case of their removal to Tunisia. 7.5 First, the Committee notes the first complainant’s argument that he would be at risk of persecution if returned to Tunisia, as he had financially assisted the families of political prisoners and supported Ennahda in Tunisia, prior to his arrival in Switzerland in 2000, where he attempted to establish contact with an Ennahda representative In this context, the Committee observes that the political regime in Tunisia has changed since the complainants’ departure from the country. In particular, the former president, in power since 1987, resigned on 14 January 2011, whereas Ennahda holds a majority of seats in the Tunisian Constituent Assembly as a result of the parliamentary elections of October 2011. In addition, the Committee takes note of the low-level nature of the first complainant’s political activities in Tunisia but also in Switzerland, and of the existing inconsistencies in the complainants’ accounts regarding his repeated questioning at the police station and the frequency of police visits to their house in Tunisia. It observes in this regard that the complainants have failed to furnish sufficient evidence to support the claim that they were arrested and interrogated in connection with the first complainant’s political activities and not merely because they left Tunisia in 2000. As to the complainants’ allegation that they would be arrested and interrogated upon return, in the circumstances of the case, the Committee recalls that the mere risk of being arrested and interrogated is not sufficient to conclude that there is also a risk of being subjected to torture.10 7.6 The Committee further notes that the complainants have not claimed before the State party’s asylum authorities or the Committee that any charges, namely on account of the first complainant’s political activity, have been brought against them under Tunisian law. It also notes that apart from the summonses issued over 6 years and 10 months ago, the authenticity of which is disputed by the State party, they have submitted no other evidence suggesting that the Tunisian authorities have been looking for them since their departure and that they would face a foreseeable, real and personal risk of being tortured or subjected to inhuman and degrading treatment.11 8. In light of the above considerations, the Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or 8 9 10 11 12 See, inter alia, communications No. 203/2002, A.R. v. Netherlands, decision adopted on 14 November 2003;and No. 258/2004, Dadar v. Canada, decision adopted on 23 November 2005. See, inter alia, communication No. 356/2008, N.S. v. Switzerland, decision adopted on 6 May 2010, para.7.3. Communication No. 57/1996, P.Q.L. v. Canada, Views adopted on 17 November 1997, para. 10.5. The Committee also notes that it has not been alleged by the complainants that members of Ennahda are subjected to treatment contrary to article 3 of the Convention.