condition, it is obvious that certain details might have been forgotten or badly
explained and that, moreover, six months after his arrival he had needed to be
hospitalized for three weeks.
5.2 The complainant then contests the arguments of the Federal Office for
Refugees casting doubt on his flight from Colombo, stating that he had called on
the services of a trafficker precisely to avoid police and customs controls at
Colombo airport.
Issues and proceedings before the Committee
6.1 Before considering a complaint, 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 this case, the Committee also notes that all domestic remedies have been
exhausted and that the State party has not contested admissibility. It therefore
finds the complaint admissible. Since both the State party and the complainant
have provided observations on the merits of the complaint, the Committee
proceeds with the consideration of the merits.
6.2 The issue before the Committee is whether the expulsion of the complainant
to Sri Lanka would violate 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 or she would be in danger of being subjected to
torture.
6.3 The Committee must decide, pursuant to article 3, paragraph 1, whether
there are substantial grounds for believing that the complainant would be in
danger of being subjected to torture if returned to Sri Lanka. In reaching this
decision, the Committee must take into account all relevant considerations,
pursuant to article 3, paragraph 2, including the existence of a consistent pattern
of gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned would
be personally at risk of being subjected to torture in the country to which he
would be returned. It follows that the existence of a consistent pattern of gross,
flagrant or mass violations of human rights in the country does not by itself
constitute a sufficient ground for determining that a particular person would be
in danger of being subjected to torture upon returning to that country. There
must be other grounds indicating that he or she would be personally at risk.
Similarly, the absence of a consistent pattern of gross violations of human rights
does not mean that a person cannot be subjected to torture in his or her specific
circumstances.