except that the letter provided by the complainant as evidence that he had been called up to fight for the PDF was genuine. The State party submits that the complainant provided no evidence that he would be treated as a deserter. Even if it were to assume that he is a conscientious objector and that he would be forced to participate in the civil war through non-discriminatory conscription, this does not amount per se to torture as defined in the Convention. 4.12 The State party submits that even if it were accepted that the complainant has either evaded the draft or deserted, there is little evidence to suggest that this would place him at risk of torture if he is returned to Sudan. Since the enactment of the new Sudanese Constitution in 1998, torture or execution carried out in any circumstances, including desertion, is illegal. Having carefully assessed the available information, the State party believes that the complainant would not face torture or execution as a result of avoidance of military service. Even if the complainant did face some form of sanction for his claimed “desertion”, the available information indicates that he would be classified as a draft evader rather than a deserter, and thus face a prison sentence of no more than three years. 4.13 The State party concedes that Sudan has a poor human rights record, and that both government and non-government forces continue to commit abuses of human rights. It notes the general findings of the Commission on Human Rightsd that a failure of the united Inter-Governmental Authority on Development to consolidate the 1994 Declaration of Principles (DOP) agreed to by the Sudanese Government and the warring factions resulted in the continuation of the conflict in the south. However, it argues that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not, as such, constitute a sufficient ground for determining that a person would be in danger of being subjected to torture upon his return to that country. Specific grounds must exist to indicate that the alleged victim is personally at risk of torture by removal. Such grounds must go beyond mere theory or suspicion.e 4.14 Even if the State party were to accept that the complainant is Sudanese and that he was arrested at a rally in April 1992, it does not accept that he belongs to a high-risk group. The complainant never practised as a lawyer, he is no longer a student and has not been politically active since April 1992. Moreover, he has been out of Sudan since 1996, from which time onward he has done nothing to raise a profile in Sudan. The complainant does not fit the description of a targeted “rank and file activist or student”, nor that of a youth, student leader or lawyer who might be viewed as a political opponent and thus a target of torture by the Government.f A UNHCR Sudan Update written in 1997 concludes that Umma and another opposition party, the Democratic Unionist Party, are outdated and that most young people do not pay attention to them. Neither of these sources supports the credibility of the complainant’s claims of belonging to Umma, or of his fear of torture.g 4.15 Finally, advice from Australia’s Department of Foreign Affairs and Trade states that “it is not unusual for Sudanese nationals to remain outside Sudan for long periods, usually for economic reasons”.h Information sought from other countries on conditions in Sudan and profiles of Sudanese refugee applicants indicate that while members of the Umma Party or Ansar are sometimes persecuted in Sudan, many persons claim to be party members. Consequently, it is necessary to verify the veracity of these declarations and the degree of personal commitment of the claimants. 128