CAT/C/37/D/259/2004 page 8 released on bail. He considers that, since he was tortured at the time of his most recent arrest, he would be tortured again because the situation has deteriorated since that time. Moreover, he doubts whether the judges would conduct a fair trial in his case since his party faction is still in opposition to the Government and he would have to fight charges when in fact he had begun by running away. He recalls that, in accordance with paragraph 6 of the Committee’s general comment No. 1, the risk of torture does not have to be highly probable, but must simply go beyond mere theory or suspicion. 5.4 The complainant encloses a new medical certificate confirming that his psychological condition is consistent with his allegations of torture. He acknowledges that, like the other medical certificates already submitted, this certificate does not prove that he has been tortured, but it does make the allegation very probable. He recalls that the State party does not contest the serious physical and psychological disorders from which he is suffering; he nevertheless contests the State party’s attribution of the disorders to causes other than the alleged torture. As to the result of the investigations by the Swiss Embassy in Dhaka, the complainant emphasizes that they do not provide answers to all the questions asked and that there is no indication of the inquiries on which the results are based. He observes that, according to the State party, the only deficiency in the notarized documents which he submitted, and which have not been deemed false by the State party, consists in the fact that they do not tally with the results of the Embassy’s investigations. 5.5 The complainant explains the apparent contradiction concerning the source of the complaint for murder lodged in June 2000: he had heard that E.S. had lodged that complaint against him, but since he has never seen the complaint, it is possible that it was recorded not under the name of E.S., but under that of a police officer in order to give the case a more official character. 5.6 The complainant considers that, in relation to the circumstances of his defence, there are no contradictions. The fact that his first lawyer wrote in November 2002 that for political reasons he could no longer conduct his defence and advised the complainant to leave the country does not exclude him from representing him at a later stage. As to his second lawyer, the fact that he did not give his details in an identical manner as a notary and as a lawyer does not undermine the credibility of the complainant’s allegations. Lastly, in support of the credibility of his statements, the complainant submits a photo of his brother in which it is clear that he has lost an arm. He concludes that it is not acceptable for the State party to concentrate on a few contradictions which do not relate to essential points and do not concern the other allegations made. He reiterates that, given the torture he has suffered in the past and his political activities, it is highly likely that he would again be tortured on his return to Bangladesh, which would constitute a violation by the State party of article 3 of the Convention. Issues and proceedings before the Committee 6.1 Before considering any claim contained in a communication, the Committee must decide whether 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