4.5Lastly, the State party argues that the complainant could prove, if returned to Sri Lanka, that he lived in Switzerland from 1997 onwards, thereby dispelling any suspicion of having collaborated with the LTTE during that time. Complainant’s comments on the State party’s submissions 5.1On 22 December 2003, in his comments on the State party’s merits submission, counsel argues that contradictions in the complainant’s statements before the Swiss authorities resulted from a “loss of reality”. Traumatized persons often experience difficulties in remembering the details and chronology of their history. 5.2The complainant challenges that the EPRLF/TELO had no longer been active in the Chankanai region between April and June 1997, on the basis that the State party had failed to cite any verifiable reference for this contention. 5.3The complainant rejects the State party’s argument that he did not sufficiently corroborate his claims. Thus, his deceased brother’s LTTE membership was a documented fact and sufficient ground for believing that the Sri Lankan authorities would hold him in suspicion. Moreover, acts of torture were generally concealed by the responsible State organs, with the result that evidence was frequently unavailable. 5.4The complainant argues that, instead of discrediting the psychiatric reports submitted by him, the State party should have sought the medical opinion of a State examiner. While not proving his allegations, the existing reports of January and September 1999 at least confirmed that his post-traumatic stress disorder was the direct result of past experiences of torture. 5.5Lastly, the complainant submits that numerous incidents of torture and ill-treatment in Sri Lankan prisons were reported in 2003 and that, despite ongoing peace negotiations, respect for the rule of law is still not ensured in Sri Lanka. Issues and proceedings before the Committee 6.1Before considering any claim contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. 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. In the present case, the Committee also notes that all domestic remedies have been exhausted and that the State party has conceded that the communication is admissible. It therefore considers that the communication is admissible and proceeds to its examination on the merits of the case. 6.2The Committee must decide whether the forced return of the complainant to Sri Lanka would violate the State party’s obligation, under article 3, paragraph 1, of the Convention, not to expel or return (refouler) an individual to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. In reaching its conclusion, the Committee must take into account all relevant considerations, including the existence, in the State concerned, of a consistent pattern of gross, flagrant or mass violations of human rights (article 3, paragraph 2, of the Convention). 6.3The Committee notes from recent reports on the human rights situation in Sri Lanka that, although efforts have been made to eradicate torture, instances of torture continue to be reported, and complaints of torture are often not dealt with effectively by the police, judicial officers and doctors. However, the Committee equally notes the conclusion of a formal ceasefire agreement between the Government and the LTTE in February 2002. While recent political developments and changes in Government may have created impediments to the effective pursuit of the ongoing peace process, it remains that the process itself has not been abandoned. The Committee further recalls that, after conducting its inquiry on Sri Lanka under article 20 of the Convention, it concluded that the practice of torture was not systematic in the State party. The Committee finally notes that a large number of Tamil refugees have returned to Sri Lanka in recent years. 6.4The Committee recalls, however, that the aim of its examination is to determine whether the complainant would personally risk torture in the country to which he would return. It follows that, irrespective of whether a consistent pattern of gross, flagrant or mass violations of human rights can be said to exist in Sri Lanka, such existence would not as such constitute sufficient grounds for determining that the complainant would be in danger of being subjected to torture upon his return to Sri Lanka. Additional grounds must be adduced to show that he would be personally at risk. Conversely, the absence of a consistent pattern of gross violations of human rights does not necessarily mean that the complainant cannot be considered to be in danger of being subjected to torture in the specific circumstances of his case. 6.5As regards the personal risk the complainant would run to be subjected to torture at the hand of the Sri Lankan security forces, the Committee has noted his claim that he was tortured, in 1997, by the EPRLF and TELO, which had operated in cooperation with the Sri Lankan army. Even if these allegations were assumed to be true, the Committee considers that it does not necessarily follow that the complainant would presently be at risk of being subjected to torture again, given the ongoing peace process in Sri Lanka and the fact that many Tamil refugees have returned to that country in recent years. 6.6Insofar as the complainant argues that his post-traumatic stress disorder would result in uncontrolled reactions in stressful situations, thereby increasing the risk of his arrest by the Sri Lankan police, the Committee observes that the absence of any criminal proceedings against the complainant in the past, as well as his low political profile, can in turn be adduced as factors likely to lower any risk of serious consequences, should he be arrested again. 6.7The Committee considers it unlikely that the Sri Lankan authorities, or the militia groups allegedly acting with their consent or acquiescence, remain interested in the LTTE involvement of the complainant’s younger brother, who died almost eight years ago. 6.8With regard to the question of whether the complainant would be able to receive adequate psychiatric treatment for his posttraumatic stress disorder in Sri Lanka, the Committee recalls that the aggravation of the complainant’s state of health possibly