CAT/C/40/D/301/2006
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physical examination may support the complainant’s statements concerning physical abuse.
Likewise, the psychiatric expert concluded that he probably suffers from PTSD.
6.5 On 24 October 2007, the complainant reiterated his previous arguments in additional
comments. On the medical certificates, the author does not provide an explanation as to why
they were not submitted to the State party previously. He states that it would have been
possible for the Swedish migration authorities to arrange for a medical examination when
assessing his application.
Issues and proceedings before the Committee
Consideration of admissibility
7.1 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.
7.2 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.
7.3 In accordance with article 22, paragraph 5 (b), of the Convention, the Committee does
not consider any communication unless it has ascertained that the complainant has exhausted
all available domestic remedies. The Committee notes the State party’s acknowledgment that
domestic remedies have been exhausted and thus finds that the complainant has complied
with article 22, paragraph 5 (b).
7.4 The State party submits that the communication is inadmissible under article 22,
paragraph 2, of the Convention, on the basis that it fails to rise to the basic level of
substantiation required for purposes of admissibility under article 22, paragraph 2, of the
Convention. The Committee considers, however, that the arguments before it raise
substantive issues, which should be dealt with on the merits. Accordingly, the Committee
declares the communication admissible and proceeds to its consideration on the merits.
Consideration of the merits
8.1 The issue before the Committee is whether the complainant's removal to Azerbaijan
would constitute a violation of the State party's obligation, under article 3 of the Convention,
not to expel or return a person to a State where there are substantial grounds for believing that
he would be in danger of being subjected to torture.
8.2 In assessing the risk of torture, the Committee takes into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the aim of such determination is to
establish whether the individual concerned would be personally at risk in the country to
which he would return. It follows that the existence of a consistent pattern of gross, flagrant
or mass violations of human rights in a country does not as such constitute a sufficient ground
for determining that a particular person would be in danger of being subjected to torture upon
his or her return to that country; additional grounds must exist to show that the individual
concerned would be personally at risk. Similarly, the absence of a consistent pattern of gross