CAT/C/33/D/133/1999 page 7 5.3 In response to the State party’s argument concerning the possibility of judicial review of the decision to deny him relief on humanitarian grounds, the complainant asserts that such a remedy would be based on the same facts as his application for refugee status. He emphasizes the futility, in his case, of seeking such a remedy when the Federal Court has already taken a position on the merits of the case. It is inconceivable that such an appeal would have provided effective relief. And the general rule of exhausting domestic remedies requires only that remedies offering effective relief be exhausted. 5.4 The complainant notes that the new procedure, termed pre-removal risk assessment by the Canadian Government, was not in existence prior to mid-June 2002 and was thus not available to him. He claims that this procedure does not respect obligations under international law or the Canadian Charter of Rights and Freedoms, owing to the absence of an independent decision-making mechanism and a lack of impartiality. 5.5 The complainant continues to assert that he was tortured by members of the Mexican army in 1996 and 1997, shortly before he submitted his communication to the Committee. In support of his application he provided medical and psychological reports as well as photographs showing that he had been tortured. He asserts that there are no inconsistencies in his account, and that there is ample proof that a great many Mexicans in the south-east of Mexico have been involved in incidents such as this. 5.6 The complainant contests the State party’s argument that the human rights situation in Mexico has improved since he left the country. He maintains that there are only general statements of intent by the Mexican authorities, and that minimal progress has been made towards eradicating torture or ending impunity for those committing it. 5.7 The complainant defends the credibility of his claims about his uncle’s desertion and disappearance. He maintains that persecution of members of Zapatista groups and of groups supporting them takes place throughout the whole country, contrary to the assertions by the State party. He claims to have been tortured because of his supposed sympathy towards the Zapatistas. He bears scars as a result of torture, and, if deported to Mexico, would be in imminent danger of detention or torture. He points out that the conflict in Chiapas is not over. He adds that the author of the psychological report on his mental state is a member of the support network in Montreal for victims of violence and a recognized expert in such cases. 5.8 The complainant maintains that the Canadian asylum procedure has been sharply criticized by the Canadian bar and by the Canadian Council for Refugees. He asserts that the procedure militates against the right to a hearing with proper safeguards and results in abuses comparable to those committed in his own case. 5.9 The complainant contests the State party’s argument that questioning by his counsel in the examination was not restricted. He reminds the Committee of the restrictions on the questions that his counsel was authorized to raise: counsel was not allowed to ask questions about torture or the context in which it occurred.