CAT/C/46/D/379/2009 health and the length of her stay in Sweden, the Court concluded that the circumstances were not of such nature as to amount to exceptionally distressing circumstances which would require the granting of a residence permit under Chapter 5, Section 6, of the Aliens Act. On 2 June 2008, the complainant appealed against the judgment of the Migration Court. The Migration Court of Appeal denied leave to appeal on 25 July 2008. 4.11 With regard to the admissibility of the complaint, the State party acknowledges that all available domestic remedies have been exhausted. Nevertheless, it maintains that the complainant’s allegation that she will be subjected to treatment contrary to the Convention fails to substantiate the claim for purposes of admissibility. The complaint is manifestly unfounded and is therefore inadmissible under article 22, paragraph 2, of the Convention and rule 113 (b) (former rule 107 (b)) of the Committee’s rules of procedure. 4.12 On the merits, the State party submits that, should the communication be declared admissible, when considering whether the forced return of the complainant to DRC would violate the obligation of Sweden under article 3 of the Convention, the Committee must 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, however the existence of such a pattern does not as such constitute a sufficient ground for determining that a particular person would be in danger of being subjected to torture upon his return to that country. For a violation of article 3 to exist, additional grounds must be shown in that the individual concerned would be personally at risk. The State party further submits that the obligation of non-refoulement is directly linked with the definition of torture as laid down in article 1 of the Convention, and recalls the Committee’s jurisprudence to the effect that the obligation to refrain from expelling a person who might risk pain or suffering inflicted by non-governmental entity, without the consent or acquiescence of the Government, falls outside the scope of article 3 of the Convention. 4.13 With respect to the human rights situation in DRC, the State party notes that DRC has ratified several major human rights instruments, including the Convention against Torture, and has also recognized the competence of the Human Rights Committee to receive and consider individual complaints. Despite this, DRC is not able to fulfill many of its obligations under the human rights instruments. The State party points out, by reference to the "Country of Origin Information Report-The Democratic Republic of the Congo"7, that numerous human rights abuses are being committed in the country. Serious violations, including arbitrary executions, rape, torture, are committed mostly by the army, police and intelligence services. It also notes the difficult situation of women who are subjected to systematic rape, sexual slavery and other forms of sexual violence with full impunity. While the State party concedes that human rights abuses are still commonly reported in the country, they happen mostly in areas not controlled by the Government, primarily in the eastern parts of the country, including North and South Kivu provinces, the Iruru District of Orientale Province and northern Katanga Province. It further submits that the circumstances referred to above do not in themselves suffice to establish that the forced return of the complainant would entail a violation of article 3 of the Convention. The complainant does not come from any of the areas where the Migration Court has held that there is an ongoing internal armed conflict or severe conflict and would not be forced to return to any of those areas. Furthermore, the language analysis indicated that the complainant has some kind of connection to Kinshasa. Therefore, the State party considers that a forced deportation of the 7 UK Home Office, Border and Immigration Agency, Country of Origin Information Report - The Democratic Republic of the Congo, published 30 June 2009, available at http://rds.homeoffice.gov.uk/rds/pdfs09/drcongo-010709.doc 7