article 33 of the Geneva Convention. If the judge decides that the request for political asylum is manifestly unfounded, the procedure ends with that decision. In such a case, like the author’s, there is no possibility of full judicial review or appeal. Although the Legal Uniformity Division sets out rules to be observed, a decision by a single judge can lead to judicial error in individual cases. Counsel refers to several decisions, where individuals in similar circumstances as the author’s, were given the right to stay in the Netherlands. 5.2 Furthermore, counsel states that the confidential sources of the Ministry of Foreign Affairs are unreliable and that in several cases of Zairian asylum seekers, in which the Ministry reported that they had not been registered while detained, these reports were unfounded. 5.3 Furthermore, the author does not agree that his name has not been registered by the Zairian secret service, and that he will not be detained by the secret service upon return. To support his position, counsel states that it is known that members and sympathizers of UDPS are at risk when sent back to Zaire. The formal opinion of the Government of the Netherlands that it is able to predict which asylum seekers were registered by the authorities while detained, has in specific cases been found to be untrue. 5.4 Finally, counsel submits a note by the author’s medical doctor, who states that he found scars on the back of the author that could very well be caused by beating. Counsel emphasizes that the State party has never questioned the fact that the author was beaten during detention. It is submitted that, if the author fell into the hands of the security forces at the airport (which is likely because of the lack of a valid travel document) his scars alone would give him away as a member of the opposition. Decision on admissibility and examination of the merits 6. Before considering any claims contained in a communication, the Committee 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 has not raised any objections to the admissibility of the communication and that it has requested the Committee to proceed to an examination of the merits. The Committee finds therefore that no obstacles to the admissibility of the communication exist and proceeds with the consideration of the merits of the communication. 7.1 The issue before the Committee is whether the forced return of the author to Zaire would violate the obligation of the Netherlands 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 would be in danger of being subjected to torture. 7.2 Article 3 reads: "1. No State party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. "2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights." -79-