CAT/C/28/D/146/1999 page 7 5.4 Counsel submits that although Georgia has ratified the Convention, it is apparent that, in view of the ongoing persecutions of political opponents, Georgia is not observing its obligations under the Convention. 5.5 Counsel attaches a letter from the Refugee Board saying that the Board has decided to reopen the complainant’s case because of information that she, if returned to Georgia, risks deportation to Abkhasia. However, counsel submits in a further letter of 1 February 2002, that the Refugee Board’s decision of 24 January 2002 was unfavourable to the complainant. It appears from the Refugee Board’s decision that upon a general request from the State party, UNHCR responded that Georgian citizens upon return do not risk deportation to Abkhasia. Decision concerning admissibility and examination of the merits 6. Before considering any claim contained in a communication, 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 notes that the State party has objected to the admissibility of the communication on the ground that the complainant has failed to establish a prima facie case for the purpose of admissibility. Considering the complainant’s submissions regarding her membership with the Zwiadists since mid-1992, her participation in different aspects of their work, her alleged experiences of being subjected to torture, compared with the existing situation of persecution of political opponents in Georgia, the Committee finds that the complainant’s allegations have surmounted the threshold of admissibility, and the Committee therefore proceeds with the examination of the merits of the communication. 7. In accordance with article 3, paragraph 1, of the Convention, the Committee has to determine whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Georgia. In order to do this, the Committee must, in accordance with article 3, paragraph 2, take into account all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. 8. However, the Committee has to determine whether the person concerned would be personally at risk of being subjected to torture in the country to which he or she would be expelled. Consequently, the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a particular country does not in itself constitute a sufficient ground for concluding that a particular person would be in danger of being subjected to torture after returning to his or her country; additional grounds must exist in order to conclude that the person concerned is personally at risk. 9. In the present case, therefore, the Committee has to determine whether the expulsion of the complainant to Georgia would have the foreseeable consequence of exposing her to a real and personal risk of being arrested and tortured.