CCPR/C/116/D/2347/2014
v. Denmark.12 The State party explains that in the latter the applicant had been forced to
support LTTE financially and had been detained only once, in 1998, while in the former the
applicant had been detained six times during the period from 1990 to 1997 and during his
last detention his photograph and fingerprints had been taken.
4.4
The State party notes that the author legally left Sri Lanka on 24 November 2009,
carrying a valid passport and a temporary visa to enter Denmark legally. The State party
also notes that the author has never been detained or fingerprinted by the Sri Lankan
authorities. Moreover, the State party emphasizes that the information concerning the
author’s asylum request in Denmark and the refusal of its request are both confidential.
Therefore, the State party concludes that it cannot be assumed that the Sri Lankan
authorities are familiar with this information.
4.5
The State party further notes that the Refugee Appeals Board made a specific and
individual risk assessment13 of the author’s situation using background material concerning
the situation of ethnic Tamils in Sri Lanka. On the basis of that assessment, the Board
concluded that the author failed to substantiate in a convincing manner that the police was
in possession of a photograph showing the author carrying a weapon with an LTTE logo in
the background. The Board also observed that, even if it could be considered as a fact that
the police was effectively in possession of that photograph, the Board would have found
that the applicant had failed to substantiate the existence of risk of torture if returned to Sri
Lanka. The State party finally reiterates that the current background material on Sri Lanka
does not contain any information that would lead it to assume that Tamils who do not have
links to LTTE will be at risk of persecution as a consequence of their ethnicity.14
4.6
The State party further refers to the author’s statement about the photograph of him
carrying a weapon with an LTTE logo in the background and his alleged link to LTTE. In
this regard, the State party stresses that it is unlikely that the author’s former employee
would have demanded money from and threatened the author with sending the photograph
to the police only in December 2008, considering that, according to the author’s own
statement, the photograph had been taken in 2006. The State party adds that, also according
to the author’s statement, the former employee was supposed to have sent said photograph
to the police in June or July 2009, after the civil war in Sri Lanka had ended.
4.7
With regard to the author’s allegation that he fears being killed by his wife’s family
if he returns to his home town, the Refugee Appeals Board considered that conflict as a
private-law conflict. The Board added that the applicant must seek protection from the Sri
Lankan authorities against eventual conflicts with his wife’s family.
4.8
The Refugee Appeals Board gave some importance to the fact that the author had
entered Denmark on 25 November 2009, but he did not apply for asylum until the day his
temporary visa expired on 19 February 2010. The State party observes that the author stated
that he was not aware of the possibility of applying for asylum.
4.9
Finally, the State party considers that there is no reason to question the thorough
assessment of the author’s situation made by the Refugee Appeals Board, according to
which there is no indication that he will be subjected to torture or cruel, inhuman or
degrading treatment or punishment upon return to Sri Lanka. The State party concludes that
returning the author to Sri Lanka would not constitute a violation of article 7 of the
Covenant. The State party observes that the Board has found that the communication to the
12
13
14
T.N. and S.N. v. Denmark, application No. 36517/08.
The State party refers in this respect to the UNHCR Eligibility Guidelines for Assessing the
International Protection Needs of Asylum Seekers from Sri Lanka, p. 27.
Ibid.
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