CAT/C/37/D/259/2004 page 9 not been, and is not being, examined under another procedure of international investigation or settlement. In the present case, the Committee further notes that domestic remedies have been exhausted and that the State party does not contest admissibility. It accordingly finds the complaint admissible and proceeds to consideration of the merits. 6.2 The Committee must determine whether, by sending the complainant back to Bangladesh, the State party would fail to meet its obligation, under article 3 of the Convention, not to expel or return a person to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 6.3 In order to determine whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Bangladesh, the Committee must take account of all relevant considerations, in accordance with article 3, paragraph 2, including the existence of a pattern of gross, flagrant or mass violations of human rights. However, the aim is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. It follows that the existence of a pattern of gross, flagrant or mass violations of human rights in a particular country does not as such constitute sufficient reason for determining that a particular person would be in danger of being tortured on return to that country. Additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be considered as being at risk of being tortured in specific circumstances. 6.4 The Committee recalls its general comment on the implementation of article 3, namely that “the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable” (A/53/44, annex IX, para. 6). 6.5 In the present case, the Committee considers that the main reason why the complainant is afraid that he will be tortured if he returns to Bangladesh is that he was allegedly tortured there while being held in Dhaka prison in May and June 2000 and that he would be at risk of being arrested on his return because of the criminal charges against him. The Committee notes that the State party has not contested the complainant’s political activities in Bangladesh. However, as regards the physical and psychological after-effects from which the complainant is suffering, the State party considers that they were caused by other events - accident, fighting - and not by the acts of torture as described by the complainant. The Committee has taken note of the medical reports furnished by the complainant attesting to the various problems from which he is suffering, but nevertheless considers that they do not warrant the conclusion that the after-effects described were caused by acts of torture. It also considers that, as the State party maintains, the complainant has not proved conclusively that the injuries he sustained resulted from actions by the State. 6.6 The Committee also takes note of the State party’s argument that, since the Awami League is currently in the opposition, there is no longer a high risk of the complainant being harassed by the authorities at the instigation of members of this party. The State party further