CAT/C/32/D/183/2001 Page 7 letterhead, and belonged to the type of documents which could be easily forged or obtained for a small fee in India. 4.4 The State party also submits that the medical reports supplied by the complainant merely confirm the existence of past injuries without providing evidence of the cause of these injuries. Doubts are also raised by the State party with regard to the psychiatric report diagnosing posttraumatic stress disorder which the complainant had never mentioned prior to 1999. The State party concludes that, even if these reports corroborated the complainant’s allegation that he had been tortured in the past, this did not occur in the recent past, the decisive issue being whether a risk of torture continued to exist. With reference to the Committee’s jurisprudence6, the State party submits that even though past torture is an element to be considered when examining claim under article 3, the aim of the Committee’s examination is to find whether the complainant would currently run a risk of torture, if returned to the country of origin. 4.5 Based on several reports on the human rights situation in India and, in particular, in the Punjab, the State party submits that there is no consistent pattern of gross, flagrant or mass violations of human rights in Punjab and that the situation in that province has improved over the past years as shown by the substantial decrease of both Sikh militarism as well as the targeting of Sikhs by the police. The State party doubts that the complainant was ever personally targeted by the police, suggesting that his alleged detention formed part of a past practice of false arrest by the Punjabi police with a view of obtaining a bribe. The State party further argues that only known Sikh militants or activists may still be considered at risk of being maltreated; the complainant, however, had never been a member of any political party or social movement.7 Taking into account that the Committee had even rejected an article 3 claim by a high-profile Sikh militant who had been involved in the hijacking of an Indian Airlines airplane in 19818, the State party finds that torture cannot, in the circumstances of the present case, be considered a foreseeable and necessary consequence of the complainant’s return to India. 4.6 With regard to the alleged violation of article 16 of the Convention, the State party argues that this provision does not apply to the complainant’s situation because it follows from the travaux préparatoires of the Convention that issues of deportation or expulsion are exhaustively dealt with by article 3. The State party also submits that, according to the Committee’s jurisprudence, “aggravation of the author’s state of health possibly caused by […] deportation would not amount to the type of cruel, inhuman or degrading treatment envisaged by article 16 of the Convention, attributable to the State party”9. Since the inability of a State to provide the best medical care does not, in the view of the State party, constitute cruel, inhuman or degrading treatment, the return of the complainant to India cannot constitute such 6 X, Y and Z v. Sweden, Communication No. 61/1996, UN Doc. CAT/C/20/D/61/1996, 6 May 1998, para. 11.2; A.L.N. v. Switzerland, Communication No. 90/1997, UN Doc. CAT/C/20/D/90/1997, 19 May 1998, para. 8.3. 7 The State party points to the pertinent jurisprudence of the Committee to support this argument. See e.g. P.Q.L. v. Canada, Communication No. 57/1996, UN Doc. CAT/C/19/D/57/1996, 17 November 1997, para. 10.4. 8 T.P.S. v. Canada, Communication No. 99/1997, UN Doc. CAT/C/24/D/99/1997, 4 September 2000, para. 15.5. 9 G.R.B. v. Sweden, Communication No. 83/1997, UN Doc. CAT/C/20/D/83/1997, 15 May 1998, para. 6.7.