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