CAT/C/31/D/199/2002 Page 13 10.2 The complainant states that no information is available as to the time of an eventual retrial. It remains uncertain whether the allegations against Mr. A can be proved in a court procedure affording due process guarantees. In the complainant’s view, it is not surprising that the Egyptian officials denied torture. However in the complainant’s view,it is difficult to understand why a lie detector was used if evidence obtained by it cannot be admitted in court. While the State party refers to medical examinations that have taken place, they have not been provided, and their objectivity would have to be questioned. 10.3 In terms of the reference to the Special Rapporteur’s call for “unequivocal guarantees”, the complainant argues that the information on ill-treatment provided demonstrates that the guarantees have not been adequate, as called for by the Special Rapporteur. Thus, the complainant, who is closely linked to her husband, followed his activities in exile and will be inevitably associated with his activities, is at a high and wellfounded risk of torture. Her removal to Egypt would thus violate article 3 of the Convention. Issues and proceedings before the Committee 11.1 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. 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. In terms of the State party’s argument that the complaint is insufficiently substantiated, for purposes of admissibility, the Committee considers that the complainant has demonstrated a sufficiently arguable case for determination on the merits. In the absence of any further obstacles to the admissibility of the complaint advanced by the State party, the Committee accordingly proceeds with the consideration of the merits. 12.1 The issue before the Committee is whether removal of the complainant to Egypt would violate the State party’s obligation 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 by the Egyptian authorities to torture. In so doing, the Committee refers to its consistent practice of deciding this question as presented at the time of its consideration of the complaint, rather than as presented at the time of submission of the complaint.3 It follows that intervening events transpiring between submission of a complainant and its consideration by the Committee may be of material relevance for the Committee’s determination of any issue arising under article 3. 12.2 The Committee must evaluate whether there are substantial grounds for believing that the complainant would be personally in danger of being subjected to torture upon return to Egypt. It follows from this framing at the issue that the Committee is not asked to decide whether or not Mr. A’s expulsion from Sweden violated its obligations under article 3, or any other articles of the Convention, much less whether he has or has not endured torture at the hands of the Egyptian authorities. In assessing the risk to the complainant, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the Committee recalls that the aim of the determination 3 See, for example, H M H I v Australia Case No 177/2001, Decision adopted on 1 May 2002.