CAT/C/37/D/286/2006 Page 6 4.12 The State party recognises that the general political and security situation in Iraq remains unstable in large parts of the country and that much reconstruction is still needed. The central and western Sunni-dominated areas, including Baghdad, are those most affected by violence, but southern Iraq and the region around Basra are also insecure. Violence between Iraqis with sectarian overtones has increased. However northern Iraq is regarded as relatively secure. The general elections that were held on 15 December 2005 moved the political process in Iraq into a new phase, and Iraq has now a democratically elected government with a four-year mandate. Iraq has ratified several human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. 4.13 The State party concludes that the situation in Iraq is such that there is no need for protection as defined in the 1989 Aliens Act or that the situation is such that there is reason to grant residence permits on humanitarian or other grounds. This applies in particular to the areas in northern Iraq that have been under Kurdish control since 1991. Moreover, many Iraqis have voluntarily returned to their country of origin after the fall of Saddam Hussein’s regime. 4.14 As to the personal risk of torture, the State party draws the Committee’s attention to the fact that several provisions of the 1989 Aliens Act reflect the same principle as the one laid down in article 3, paragraph 1, of the Convention, in particular Chapter 8, section 1, of the Act. 5 It refers to the Committee’s jurisprudence 6 that for the purposes of article 3 of the Convention, the individual concerned must face a foreseeable, real and personal risk of being tortured in the country to which he is returned. In addition, it is for the author to present an arguable case and the risk of torture must be assessed on grounds that go beyond mere theory or suspicion although it does not have to meet the test of being highly probable7. 4.15 The State party understands the communication to be founded primarily on the claim that the complainant risks being arrested, tortured and executed upon return to Iraq as a consequence of the incidents which allegedly took place in 1997 in Israel and Lebanon. The State party recalls that the complainant’s account of the incidents in 1997 have been the subject of assessments by the Migration Board in 2004 and by the Aliens Appeals Board in 2005. Moreover, the issue of impediments to expulsion has been assessed by the Government in 2003 and 2005. On both occasions the Government found that there were no impediments to expulsion. All those authorities have come to the conclusion that the complainant would not be at risk of being subjected to torture if he were expelled to Iraq. 4.16 The State party claims that the complainant’s return to the State party would not entail a violation of article 3 of the Convention. It submits that it is unlikely that an alleged incident which took place nearly ten years ago would be associated with the author or attract any interest in Iraq. If the complainant would experience problems in southern Iraq, he would have the possibility of going to northern Iraq, where he lived before he left his country. 5 See footnote 3 above. Communication No.103/1998, S.M.R. and M.M.R. v. Sweden, Views adopted on 5 May 1999, para. 9.7. 7 Communication No.103/1998, S.M.R. and M.M.R. v. Sweden, Views adopted on 5 May 1999, para. 9.4, and Communication No.150/1999, S.L. v. Sweden, Views adopted on 11 May 2001, para.6.4. 6