CAT/C/38/D/268/2005 page 5 existence of torture in detention as such does not justify a finding of a violation of article 3, given that the complainant has not demonstrated how he personally would be at risk of being tortured.2 In the present case, the State party notes that the PML-N is a legal political party. It cannot therefore be assumed that criminal proceedings against the complainant or his arrest would be used as a pretext for persecuting him for his political beliefs. Moreover, the higher posts in State institutions are not held solely by supporters of the parties in power. Opposition parties are also represented, particularly in the courts. Even if, at the local level, police inquiries do not always meet the usual standards of a State based on the rule of law, it is undeniable that higher criminal prosecution bodies as well as the courts respect, in principle, the rules of procedure. 6.3 Consequently, the situation in Pakistan, as described by the complainant, does not in itself make it possible to conclude that he would be at risk of being tortured upon his return to that country.3 This finding is particularly valid since the criminal inquiry to which he could be subjected has a legitimate objective, namely to establish criminal responsibility for the unnatural death of a person. The complainant has at no time attempted to defend himself before the Pakistani authorities against the accusations made against him. Regardless of the dubious authenticity of the “official summons” of 26 April 2005, the summons appears to indicate that the arrest warrant against the complainant is a direct consequence of his flight. 6.4 The State party recalls that the torture or ill-treatment that the complainant may have suffered in the past constitutes one of the elements that must be taken into account in evaluating the complainant’s risk of being subjected to torture or ill-treatment if he returned to his country. In the present case, at no time in the procedure has the complainant claimed to have been tortured. This applies in particular to his only detention, from 4 p.m. on 3 May 2004 to 4 May 2004, following a demonstration against the opening of a road. He was promptly released because he protested against his arrest. 6.5 With regard to the complainant’s political activities within or outside his State of origin, the State party recalls that the Swiss authorities have not questioned the complainant’s membership of PML-N or his activities in that party. It is highly likely that the complainant engaged in political activities at the local level in Pakistan. The foregoing information demonstrates that the complainant does not risk being subjected to treatment contrary to article 3 of the Convention because of his political activities. The complainant has not adduced any argument based on political activities in which he may have engaged outside his State of origin. 6.6 The State party recalls, as the Swiss Asylum Review Board pointed out in its decision of 2 December 2004, that the credibility and authenticity of the documents of Pakistani origin should, in general, be described as highly dubious, since it is well known that such documents can be bought without difficulty. These doubts pertain, in particular, to the three letters that, 2 See communication No. 221/2002, M.M.K. v. Sweden, decision adopted on 3 May 2005, para. 8.7. 3 See communication No. 106/1998, N.P. v. Australia, Views adopted on 6 May 1999, para. 6.5.