6.4 The Committee recalls its general comment on the implementation of article
3, which reads as follows: “Bearing in mind that the State party and the
Committee are obliged to assess whether there are substantial grounds for
believing that the author would be in danger of being subjected to torture were
he/she to be expelled, returned or extradited, the risk of torture must be assessed
on grounds that go beyond mere theory or supposition. However, the risk does
not have to meet the test of being highly probable” (A/53/44, annex IX, para.
229).
6.5 In the present case, the Committee notes that the State party has drawn
attention to inconsistencies and contradictions in the complainant’s account,
casting doubt on the truthfulness of his allegations. It also takes note of the
explanations provided by counsel in this respect.
6.6 The Committee also notes that it has not been clearly established that the
complainant was wanted by the Sri Lankan police or CID or that the Colombo
police document be provided as evidence was genuine, it being indeed
surprising that this document, dated 23 August 1999, was never shown to the
Swiss authorities, even when the complainant applied to have the 20 January
deadline for his departure extended.
6.7 Furthermore, the Committee believes that there is insufficient support for the
complainant’s allegations of having been tortured in Sri Lanka and that, in
particular, his allegations are not corroborated by medical evidence, even though
the complainant received medical treatment in Switzerland shortly after his
arrival.
6.8 The Committee is aware of the seriousness of the human rights situation in
Sri Lanka, and of reports alleging the practice of torture there. However, it
recalls that, for the purposes of article 3 of the Convention, a foreseeable, real
and personal risk must exist of being subjected to torture in the country to which
a person is returned. On the basis of the considerations above, the Committee is
of the opinion that such risk has not been established.
6.9 The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, concludes that the decision of the State party to return the
complainant to Sri Lanka does not constitute a breach of article 3 of the
Convention.