CAT/C/35/D/231/2003 Page 7 4.4 Lastly, the State party refers to the report1 on the Committee’s inquiry on Sri Lanka under article 20 of the Convention, finding that the practice of torture was not systematic in Sri Lanka. It concludes that the complainants cannot substantiate a real, present and personal risk of being subjected to torture upon return to Sri Lanka. Complainant’s comments: 5.1 On 16 January 2004, the complainants commented on the State party’s observations, criticizing the rejection for late submission by the ARK of the first complainant’s trial transcripts, despite their relevance for his risk of torture. While conceding that neither the desertion from the army of the second author’s husband, nor the extrajudicial execution of the first and second complainant’s brother were, as of themselves, sufficient to constitute a foreseeable, real and personal risk of torture for the complainants, the opposite was true of the combined effect of these and other elements, even if it were to be assumed that torture was not systematic in Sri Lanka. 5.2 The complainants submit that, despite the strong after effects of the first complainant’s torture, he never consulted a medical doctor, but rather tried to suppress his traumatic experience. As regards their departure from Sri Lanka, they content that it was possible to leave the country with a forged passport. 5.3 The complainants request the Committee to proceed with an independent assessment of the authenticity of the documentary evidence and to grant the first complainant a personal hearing to witness his emotional distress when talking about his torture experiences. Issues and proceedings before the Committee: 6. Before considering any claim contained in a communication, 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. In the present case, the Committee also notes that all domestic remedies have been exhausted and that the State party has conceded that the communication is admissible. It therefore considers that the communication is admissible and proceeds to an examination on the merits of the case. 7.1 The Committee must decide whether the forced return of the complainants to Sri Lanka would violate the State party's obligation, under article 3, paragraph 1, of the Convention, not to expel or return (refouler) individuals to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture. In reaching its conclusion, the Committee must take into account all relevant considerations, including the existence, in the State concerned, of a consistent pattern of gross, flagrant or mass violations of human rights (article 3, paragraph 2, of the Convention). 1 UN Doc. A/57/44, at para. 181.