which may be considered defamatory towards Zaire. The Committee considers that, in the present circumstances, his return to Zaire would have the foreseeable and necessary consequence of exposing him to a real risk of being detained and tortured. Moreover, the belief that “substantial grounds” exist within the meaning of article 3, paragraph 1, is strengthened by “the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights”, within the meaning of article 3, paragraph 2. special rapporteur specifically to examine and to report on the human rights situation in Zaire. The Committee cannot but conclude that a consistent pattern of gross, flagrant or mass violations does exist in Zaire and that the situation may be deteriorating. 9.6 Moreover, the Committee considers that, in view of the fact that Zaire is not a party to the Convention, the author would be in danger, in the event of expulsion to Zaire, not only of being subjected to torture but of no longer having the legal possibility of applying to the Committee for protection. 9.5 The Committee is aware of the serious human rights situation in Zaire, as reported, inter alia, to the United Nations Commission on Human Rights by the Secretary-General 2 and by the Commission’s Special Rapporteur on extrajudicial, summary or arbitrary executions,3 the Special Rapporteur on the question of torture 4 and the Working Group on Enforced or Involuntary Disappearances. 5 The Committee notes the serious concern expressed by the Commission in this regard, in particular in respect of the persistent practices of arbitrary arrest and detention, torture and inhuman treatment in detention centres, disappearances and summary and arbitrary executions, which prompted the Commission to decide, in March 1994, to appoint a 9.7 The Committee therefore concludes that the expulsion or return of the author to Zaire in the prevailing circumstances would constitute a violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 10. In the light of the above, the Committee is of the view that, in the prevailing circumstances, the State party has an obligation to refrain from expelling Balabou Mutombo to Zaire, or to any other country where he runs a real risk of being expelled or returned to Zaire or of being subjected to torture. 2 Ibid. E/CN.4/1994/7, paras. 653–662. 4 E/CN.4/1994/31, paras. 657–664. 5 E/CN.4/1994/26, paras. 509–513. 3 20