- 131 2.2
The complainant maintains that he was arrested several times by the government
authorities in Colombo and sometimes held for over a fortnight and that he was tortured on the
grounds of being a member of the Tamil Tigers. He says that he was taken before the court on
several occasions, the first time being on 15 March 1997, before being released shortly
afterwards. He adds that he was arrested again on 3 January 1999 by the Colombo police and
detained for a month before being brought before the court again on 10 February 1999.
According to the complainant, the judge released him only on condition that he report every
Saturday to the office of the Criminal Investigation Department (CID) in order to sign a register.
2.3
The complainant states that he fled Sri Lanka on 28 March 1999 with the help of
a trafficker. He adds that, as a result of his flight, a warrant was issued for his arrest,
with reference to which a document issued by the Colombo police was produced
dated 23 August 1999. He arrived in Switzerland on 29 March 1999.
2.4
The complainant’s application for asylum in Switzerland, filed on 30 March 1999, was
turned down on 18 August 1999. On 10 December 1999, in response to an appeal lodged by the
complainant on 21 September 1999, the Swiss Appeal Commission on Asylum Matters upheld
the original decision to refuse asylum. The complainant was given until 15 January 2000 to
leave the country, but, on 10 January 2000, requested an extension of the deadline on health
grounds. On 20 January 2000, the Federal Office for Refugees found that those grounds did not
justify postponement, but decided to extend the deadline until 15 February 2000 to allow the
author time to prepare his departure.
The complaint
3.1
The complainant states that his return to Sri Lanka would heighten the suspicions of the
local police that he was a member of the Tamil Tigers, so that he would be in danger of being
summarily arrested and tortured on arrival in Colombo. According to the complainant, there is
no doubt that any Sri Lankan national of Tamil origin who has fled his country after being
persecuted by government forces is more likely to be tortured if he returns to the country.
3.2
The complainant refers to a report by Amnesty International dated 1 June 1999,
according to which acts of torture carried out by the security forces are reported on an almost
daily basis in the context of the armed conflict with the LTTE. According to the report, the
problem also extends to routine policing, with police officers regularly torturing criminal
suspects. Thus, again according to the same source, despite existing legal safeguards, torture
continues to be practised with relative impunity.
3.3
The complainant concludes that the argument that the persecution he had suffered was
not serious enough to entitle him to asylum is worthless when set against the persecution that
undoubtedly awaits him if he returns to Sri Lanka.
3.4
The complainant adds that he has been suffering from pleural tuberculosis since
May 1999. He states that he received anti-tubercular treatment between May and
December 1999 in the department of chest medicine at the teaching hospital of the canton of
Vaud, Switzerland. According to the complainant, the doctors in this department believe that his
clinical progress should be monitored over the next two years, as the medical condition from
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents