allegedly told him not to speak to the customs officers and would have promised to intervene if questions were asked. According to the State party, the facts show that, on the contrary, there is no evidence that the complainant was being sought by the police on the day of his departure, on 24 or 25 March 1999. 4.14 The State party concludes that there is therefore reasonable doubt as to whether the complainant is wanted by the Sri Lankan authorities. It is also unlikely that the author would be at risk of arrest if he returned to his country. However, according to the State party, even if such a risk existed, it would not be sufficient to conclude that there were substantial grounds for believing that he would be in danger of being subjected to torture (communications Nos. 157/1996 and 65/1997). 4.15 With regard to the health grounds cited by the complainant, the State party points out that the Commission took them into account. On the basis of two medical certificates, it concluded that the basic anti-tubercular treatment had been completed and that the complainant no longer suffered from any lifethreatening or health-threatening condition. According to the State party, the new medical certificate dated 6 January 2000, on which the complainant based his argument, merely confirms this conclusion. After consultations, the surgeons who saw the patient decided not to perform a surgical decortication. The State party adds that, even if an operation should prove necessary, which is not the case at present according to the above-mentioned certificate, it could be performed in Colombo. According to the State party, the same is true of the health check-ups and any medical treatment the complainant might require. The State party states that the Commission was therefore right to conclude that the medical services available in Colombo could be considered satisfactory and able if necessary to provide any treatment needed by the complainant. 4.16 In the light of the above arguments, the State party concludes that there is nothing to suggest that there are substantial grounds for fearing that the complainant would actually be personally at risk of torture on returning to Sri Lanka. According to the State party, the complainant’s allegations also fail to prove that sending him back to Sri Lanka would expose him to a real, concrete and personal risk of being tortured. Comments by the complainant on the State party’s observations 5.1 The complainant points out that the contradictions and inconsistencies found in his allegations and cited by the Swiss Government to confirm the decision of the Swiss Appeal Commission on Asylum Matters should be seen in the context of the way in which he was heard by the Swiss authorities when he arrived. In this respect, the complainant states that he was seriously ill with tuberculosis and that he was in an extremely weak condition when he had to answer all the questions of the Swiss authorities. The complainant asserts that, given his

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