CAT/C/32/D/225/2003 Page 5 deported, nor had the Ministry decided on his application for a residence permit on humanitarian grounds. 4.3 As to domestic immigration procedures, the State party submits that when the Danish immigration authorities decide on applications for asylum, it assesses the human rights situation in the receiving country, as well as the risk of individual persecution in that country. Therefore, the complainant uses the Committee only as an appellate body, to obtain a renewed assessment of his claim, since the Danish Immigration authorities have already assessed whether there are substantial grounds for believing that he would be in danger of being subjected to torture if returned to India. 4.4 In any event, the complainant has not substantiated his fear of being subjected to torture if returned. His statements about torture experienced are inaccurate, and the examination carried out by the Institute of Forensic Medicine in a major centre for rehabilitation of torture victims, does not support his version of the events. With respect to the report of 28 September 2001 issued by the medical group of Amnesty International, which concluded that the complainant’s symptoms were compatible with the alleged experience of torture, the State party recalls that it appeared from that report that it could not be precluded that the complainant’s symptoms had arisen in a manner other than by imprisonment and torture. 4.5 While considering the evidence of torture experienced insufficient, the State party invokes the Committee’s jurisprudence, and submits that torture experienced in any event is not sufficient to conclude that the complainant would suffer such treatment upon return to India. 4.6 Finally, the State party argues that it is unlikely that the complainant would be persecuted in India, since his mother lives there without problems, and since he himself after his latest release from detention, managed to lease out his property before departing for Denmark. The complainant’s comments: 5. By notes of 23 and 29 October 2003, counsel advised the secretariat without giving further details that his client had “disappeared”, and that the Committee should base its decision on the information already received. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. In this respect 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 itself does not dispute that domestic remedies are exhausted.

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