CAT/C/56/D/594/2014 arguable case establishing that he or she runs a foreseeable, real and personal risk of being subjected to torture.11 In addition, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. Although the risk does not have to meet the test of being highly probable, it must be personal and present.12 As regards the general human rights situation in Algeria, the State party finds it sufficient to refer to the information that can be found in recent reports such as those by the United States of America Department of State,13 Human Rights Watch,14 the Jamestown Foundation15 and Freedom House.16 The State party claims that while existing reports show that Algeria has a long history of fighting terrorism and has been considered a forerunner in the struggle against Islamic terrorism, it notes that there are still considerable human rights issues in Algeria, for example, widespread corruption, reports of assaults carried out by police authorities and substandard detention conditions. Furthermore, terrorist groups have committed numerous attacks against government officials, members of the security forces and the civil population. However, the State party considers that the current situation in Algeria does not in itself suffice to establish that an expulsion of the complainant would entail a violation of article 3 of the Convention. Hence, it contends that the expulsion of the complainant to Algeria would only amount to a breach of the Convention if he could show that he would be personally at risk of being subjected to treatment contrary to article 3. 4.9 According to the State party, the Aliens Act reflects the principles of article 3 of the Convention, applying the same test when considering an application for asylum as the Committee does when examining a subsequent complaint under the Convention. The State party adds that the expulsion of an alien may never be enforced to a country where there is fair reason to assume that the person would be in danger of receiving the death penalty or being subjected to corporal punishment, torture or other inhuman or degrading treatment of punishment, or to a country in which he or she would be in such danger. In the present case, the Migration Board and the Migration Court conducted thorough examinations of the complainant’s case. The extensive interviews with the complainant undertaken by the Migration Board were conducted in the presence of his legal counsel and an interpreter, whom the complainant confirmed that he understood well. The complainant has argued his case in writing, he was represented by legal counsel and the decision of the Migration Board was appealed against, but was not overturned by the Migration Court. The Migration Board and the migration courts therefore had sufficient information, facts and documentation in the case, to ensure that they had a solid basis for making a well-informed, transparent and reasonable risk assessment of the complainant’s need for protection in Sweden. 11 12 13 14 15 16 See, for example, communications No. 178/2001, H.O. v. Sweden, Views adopted on 13 November 2001, para. 13, and No. 203/2002, A.R. v. the Netherlands, decision adopted on 14 November 2003, para. 7.3. See, for example, the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the Convention, paras. 5-7. See, for example, State Department country reports on human rights practices, 2013, available from www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper and State Department country reports on terrorism, 2013, available from www.refworld.org/docid/53622a088.html. See, for example, Human Rights Watch, “World report 2014: Algeria”, available from www.hrw.org/world-report/2014/country-chapters/algeria. See, for example, Stefano Maria Torelli, “Jihadism and counterterrorism policy in Algeria: new responses to new challenges”, Terrorism Monitor, vol. 11, No. 19, available from www.jamestown.org/single/?tx_ttnews%5Bpointer%5D=5&tx_ttnews% 5Btt_news%5D=41501&tx_ttnews%5BbackPid%5D=228&cHash=908e47da515e519bc00d207c3c0f 8870#.U5hPmpS1bPY. Freedom House, “Freedom in the world 2013: Algeria”, available from www.freedomhouse.org/report/freedom-world/2013/algeria. 7