of circumstances in every case. 7.10 In the present case, the Committee notes that the State party has acknowledged and taken into account the fact that the complainant had been subjected to torture in the past when evaluating the existence of a personal risk of torture the complainant might face if returned to his country, including in all three decisions of the Refugee Appeals Board which have dealt with this issue. The Committee further notes that in 2009 the complainant had submitted that he would be exposed to a risk of torture exclusively based on threats from the families of his friends who were executed in 1995. The Committee recalls that the State party’s obligation under article 3 is to refrain from forcibly returning a person to another State where there are substantial grounds for believing that there is a risk of torture. The Committee observes that the complainant in the present case has failed to substantiate that he was in such danger. 7.11In the light of the above, the Committee concludes that the existence of substantial grounds for believing that the complainant would have been in danger of being subjected to torture upon return to Iraq has not been established. The Committee therefore concludes that his removal to that country did not constitute a breach of article 3 of the Convention. 8.The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the complainant’s detention as a refused asylum seeker from 18 June 2009 to 2 September 2009 did not amount to a violation of articles 16 and 2 of the Convention, that his rights under article 12 of the Convention have not been violated and that his removal to Iraq by the State party did not constitute a breach of article 3 of the Convention. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assembly.]