1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the communication to the State party on 19 November 1997. The facts as presented by the author 2.1 The author states that since 1974 he has worked as a freelance photographer in Sri Lanka and that in 1990 he began to take pictures of people murdered or injured. The first pictures he took were of six people who had been burned and were lying on the side of a road between Minuwangoda and Jaela, tied to tyres. The author suspected that the victims were supporters of the Sinhalese nationalist People's Liberation Front (JVP). At first he took these pictures for himself out of indignation, but later he decided to make them public. The pictures were published in two newspapers ("Lakdiwa" and "Rajatiya"), in weekly magazines ("Ira", "Hannde" and "Janahita") and in a monthly review ("Kolama"). The author's name was not published at that time. In 1991, some of the author's signed pictures were exhibited at the National Photographic Art Society. Apparently, unknown persons made inquiries about the identity of the photographer. 2.2 On or around 8 October 1992, the author was visited in his studio by eight men who were dressed in black and wearing masks. They asked him whether he worked for newspapers and, although the author denied this, they destroyed his equipment. They also forced him to shut his studio and go home. 2.3 A few days later, two unknown persons abducted the author from his home in Colombo, blindfolded him and drove him to a two-storey building where he was held with about 10 other persons in a room. The author believes that the other persons were members or supporters of the JVP. The author states that he was subjected to torture, including beatings, having needles placed under his fingernails, being dropped from a height of about three metres, having an iron rod inserted into his rectum, having a bag of chili peppers tied over his head, hanging upside down by the legs for three hours and fake executions by hanging. 2.4 After 15 days he was released. He was driven blindfolded to the Rajagiriya graveyard and left there. He then walked to his home in Madjadah, Colombo. His neighbour took him to Kandy, near Barigama, after which he did not return to Colombo. He worked in Kandy, mostly in his studio, and appeared in public as little as possible. 2.5 The author arrived in the Netherlands in May 1993. On 23 September 1993 he filed a request for asylum or to be granted a residence permit on humanitarian grounds. In addition to the events recounted above, the author also brought to the attention of the asylum authorities that he had attended a meeting organized by the "Fédération internationale de l'art photographique" in the Netherlands where he made a speech criticizing the Sri Lankan regime. 2.6 On 19 October 1993, his request was denied by the State Secretary of Justice on the grounds that the author had not undertaken any political activities and was not considered a refugee according to the 1951 Convention relating to the Status of Refugees. The State Secretary further emphasized that the author had stayed in the Netherlands for four months before requesting asylum and that he had travelled on a passport in his own name. Finally, the State Secretary noted that the opinions expressed in the Netherlands by the author about the Government of Sri Lanka did not constitute grounds for granting him refugee status. On 22 October 1993, the author applied for a review of the decision, but the State Secretary denied suspensive effect to his application. 2.7 The author then initiated summary proceedings before the District Court in The Hague in order to obtain from its President a decision that he should not be deported pending the completion of the review 89