4.16 As to whether the complainant would risk to be subjected to torture for having sought asylum in Australia, the State party submits that there is little evidence to support this possibility. According to the complainant’s own evidence, on returning to Sudan his brother was arrested and interrogated as to where he had been and what he was doing outside Sudan when he returned, but was released unharmed after five days. The State party has been advised by the DIMA officer in Cairo that it is aware of Sudanese nationals who returned after fleeing Sudan following the 1989 coup, including nationals who were granted refugee status in Australia and who suffered no problems with the authorities on return to Sudan. The State party also refers to information from the Australian Department of Foreign Affairs and Trade from April 2000, which indicated that the Umma Party and the Sudanese Government were attempting to reconcile their differences. Issues and proceedings before the Committee Consideration of admissibility 5.1 Before considering any claim contained in a complaint, 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. 5.2 The Committee notes that the fact that domestic remedies are exhausted is not contested by the State party. The State party objects to admissibility on the grounds that the complainant has not established a prima facie case of a violation of article 3, but the Committee is of the view that the complainant has provided sufficient information in substantiation of his claim to consider his complaint on the merits. As the Committee sees no further obstacles to the admissibility of the complaint, it declares the complaint admissible and proceeds to its consideration on the merits. Consideration on the merits 6.1 The Committee must decide whether the forced return of the complainant to Sudan would violate the State party’s obligation, under article 3, paragraph 1, of the Convention, not to expel or return (refouler) an individual to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. To reach 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. The aim, however, is to determine whether the individual concerned would personally risk torture in the country to which he or she would return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient grounds for determining whether the particular person would be in danger of being subjected to torture upon his return to that country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the absence of a consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger of being subjected to torture in his or her specific circumstances. 129

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