CAT/C/41/D/326/2007 Page 9 where there are substantial grounds for believing that he or she would be in danger of being subjected to torture is directly linked to the definition of torture as found in article 1 of the Convention. For the purposes of the Convention, according to article 1, "the term 'torture' means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity". The Committee recalls its jurisprudence that the issue whether the State party has an obligation to refrain from expelling a person who might risk pain or suffering inflicted by a nongovernmental entity, without the consent or acquiescence of the Government, falls outside the scope of article 3 of the Convention.18 7.6 The Committee observes that the October/November 2002 events, allegedly involved torture by BNP supporters in collaboration with the State party’s police. Even if the Committee were to accept the claim that the complainant was subjected to torture in the past, the question is whether he currently runs a risk of torture if returned to Bangladesh. It does not necessarily follow that, six years after the alleged events occurred, he would still be at risk of being subjected to torture if returned to Bangladesh in the near future.19 In this regard, the Committee notes that, other than being wanted for alleged homicide charges, the complainant has failed to provide information on why he would be of interest to the local authorities. 7.7 In relation to the charges which the complainant contends were filed against him, the Committee notes the State party’s submission that the charge sheets, police reports and letters submitted by the complainant are not authentic. It also notes the State party’s contention that the complainant has not been sentenced, prosecuted for or accused of any of the crimes alleged by him. The complainant has not contested these observations, nor has he submitted any evidence to the contrary, even though he was given the opportunity to do so. In this regard, the Committee recalls its jurisprudence that it is normally for the complainant to present an arguable case and that the risk of torture must be assessed on grounds that go beyond mere theory and suspicion.20 7.8 In view of the above, the Committee does not consider it necessary to examine the complainant’s allegation that he risks inhuman or degrading treatment if imprisoned in a Bangladeshi prison on account of the above-mentioned charges. 18 See, inter alia, G.R.B. v. Sweden, loc. cit; S.S. v. The Netherlands, op.cit., para. 6.4; Communication No. 138/1999, M.P.S. v. Australia, Views adopted 30 April 2002, para. 7.4. 19 S.S.S. v Canada, op.cit. and Communication No. 126/1999, Haad v. Switzerland, Views of 10 May 2000. 20 General Comment No. 1, op. cit, para. 6. See also Communication No. 256/2004, M.Z. v. Sweden, Views adopted on 12 May 2006, para. 9.3; Communication No. 214/2002, M.A.K. v. Germany, Views adopted on 12 May 2004, para. 13.5; and Communication No. 150/1999, S.L. v. Sweden, op.cit, para. 6.3.