which occurred prior to his departure from India, but fails to consider the ongoing harassment of his family as well as the new evidence produced by him and the two Federal Court decisions of October 1998 and November 1999; (b) it erroneously states that arbitrary arrests of suspected Sikh militants or sympathizers have ceased in Punjab, contrary to reports of the Danish Immigration Service and the United Kingdom country assessment of India; and (c) it is based on the false assumption that an internal flight alternative exists in India, while human rights observers consider it impossible for a person targeted by the police to lead a normal life in India, since all new arrivals must register with the local police station and because neighbours will tell the police about any newcomer. 9.4The complainant denies that the human rights situation in the Punjab has improved in the recent past; rather, the general incidence of torture has increased, according to Amnesty International. The Canadian Centre for Victims of Torture in Toronto and the Réseau pour les victimes de violence organisée in Montreal confirmed that they continue to receive victims of serious torture from that region. Following the rise to power of the Congress party in Punjab in 2002, all police officers facing charges of torture and abuse were amnestied. New anti-terrorist legislation has further weakened the position of torture victims. The argument that only high profile Sikh militants are at risk in Punjab is rejected by most observers and contradicted by reports that, in many cases, previously targeted persons or their families are still being targeted. Issues and proceedings before the Committee 10.1Before 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. The Committee notes that the State party concedes that domestic remedies have been exhausted. Thus, the question whether the legal remedies available under the Canadian immigration review scheme are ineffective, as alleged by counsel, does not arise in the concept of admissibility. 10.2With regard to the complainant’s allegation that the decision to return him to India would in itself constitute an act of cruel, inhuman or degrading treatment or punishment in contravention of article 16 of the Convention, the Committee notes that the complainant has not submitted sufficient evidence in substantiation of this claim. In particular, the Committee recalls that, according to its jurisprudence, the aggravation of the complainant’s state of health possibly caused by his deportation does not amount to the type of cruel, inhuman or degrading treatment envisaged by article 16 of the Convention.o Although the Committee recognizes that the complainant’s deportation to India may give rise to subjective fears, this does not, in the Committee’s view, amount to cruel, inhuman or degrading treatment, as envisaged by article 16 of the Convention. The Committee therefore observes that the complainant’s claim under article 16 of the Convention lacks the minimum substantiation that would render this part of the complaint admissible under article 22 of the Convention. 10.3With respect to the complainant’s claim under article 3, paragraph 1, of the Convention, the Committee finds that no further obstacles to the admissibility of the complaint exist. The Committee accordingly proceeds with the consideration of the merits. 11.1The Committee must evaluate whether there are substantial grounds for believing that the author would be personally in danger of being subjected to torture upon return to India. In assessing the risk, 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. 11.2In this regard, the Committee takes note of the reports submitted by the complainant, confirming that incidents of torture in police custody have continued after the end of the militancy period in Punjab in the mid-1990s, and that perpetrators have not been brought to justice in most cases. It also notes the State party’s argument that the human rights situation in the Punjab has improved during the 11 years following the complainant’s departure from India. 11.3However, the Committee recalls that the aim of the determination is to establish whether the complainant would be personally at risk of being subjected to torture in India. It follows that, even if a consistent pattern of gross, flagrant or mass violations of human rights could be said to exist in that country, such a finding would not as such constitute a sufficient ground for determining that the complainant would be in danger of being subjected to torture upon his return to India; additional grounds must exist to show that he would be personally at risk. Similarly, the absence of a consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger of being subjected to torture in his or her specific circumstances. 11.4The Committee notes that the complainant submitted evidence in support of his claim that he was tortured during his detention in 1991, including medical and psychiatric reports, as well as written testimony corroborating this allegation. However, the Committee considers that, even if it were assumed that the complainant was tortured by the Punjabi police, it does not automatically follow that, 13 years after the alleged events occurred, he would still be at risk of being subjected to torture if returned to India. 11.5Insofar as the complainant claims that he currently remains at risk of being tortured in India, the Committee notes that, while confirming the risk of him being subjected to torture, as well as his family’s continuing harassment, by the Punjabi police, the evidence produced by the complainant, including affidavits, letters and a document which is said to contain a resolution adopted by the municipal council of his home village, merely refers to his risk of being tortured in Punjab. The Committee considers that the complainant has failed to substantiate that he would be unable to lead a life free of torture in another part of India. Although resettlement outside Punjab would constitute a considerable hardship for the complainant, the mere fact that he may not be able to return to his family and his home village does not as such amount to torture within the meaning of article 3, read in conjunction with article 1, of the Convention. 11.6Regarding the effectiveness of judicial remedies available under the Canadian immigration review scheme, the Committee notes that the final decision on the complainant’s deportation was taken after a lengthy and detailed assessment of the risk of returning the complainant to India, in four subsequent proceedings. The Committee also observes that, prior to that decision, the State party