CAT/C/31/D/228/2003 Page 8 under article 16, which the State party rejects, the complainant has not made out a substantial basis for this fear. Complainant’s comments on the State party’s submissions 5.1 By letter of 15 May 2003, counsel for the alleged victim was requested to make any comments on the State party’s submissions within six weeks, and advised that failure to do so would result in the Committee’s consideration of the case on the basis of the information before it. No such comments were received. Issues and proceedings before the Committee 6.1 Before 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 further notes that the State party concedes that domestic remedies have been exhausted. 6.2 To the extent that the complainant argues that the State party would be in breach of articles 2 and 6 through exposing him to possible ill-treatment in Bangladesh, the Committee observes that the scope of the non-refoulement obligation described in article 3 does not extend to situations of ill-treatment envisaged by article 16. Accordingly, the claims under articles 2 and 16 relating to the expulsion of the complainant are inadmissible ratione materiae as incompatible with the provisions of the Convention. In addition, concerning the claim under article 16 relating to the circumstances of the complainant’s expulsion, the Committee observes, with reference to its jurisprudence, that an aggravation of the condition of an individual’s physical or mental health through deportation is generally insufficient, in the absence of other factors, to amount to degrading treatment in violation of article 16.3 In the absence of exceptional circumstances and in view of counsel’s failure to respond to the State party’s argument that it had not been shown that the appropriate medical care was unavailable to the complainant in Bangladesh, the Committee considers that he has failed sufficiently to substantiate this claim, for purposes of admissibility, and it must accordingly be considered inadmissible. 6.3 With respect to the complainant’s claim under article 3 concerning torture, for purposes of admissibility, the Committee considers, particularly in light of the complainant’s account of his previous torture, that he has made out a prima facie case which, if established on the merits, would reveal a violation of article 3. In the absence of any further obstacles to the admissibility of this claim, the Committee accordingly proceeds with the consideration of the merits thereof. 7.1 The issue before the Committee is whether the removal of the complainant to Bangladesh violated the State party’s obligation under article 3 of the Convention not to expel or to return a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 3 See footnote 2 above.