CAT/C/57/D/628/2014 Facts as presented by the complainant 2.1 The complainant was born in Jaffna, Sri Lanka. He is married and has two sons and two daughters. His brother lives in Norway, where he was granted asylum based on his connections with the Liberation Tigers of Tamil Eelam (LTTE). In the past, the complainant helped the Sea Tigers (part of LTTE), using his boat in connection with fighting. However, the main reason for the complainant’s asylum claim is a conflict with the Eelam People’s Democratic Party (EPDP) in connection with his son V. Both his sons were forced to train with LTTE for a period of 15 days in 2004 in return for support provided after the tsunami. In 2008, EPDP found out about this, took his son V. for interrogation and tortured him. V. was released in very bad shape and could hardly walk. After his son was treated in a hospital, the complainant brought him to a camp run by the Human Rights Commission of Sri Lanka. The complainant visited V. in the camp 15 days later, but thereafter lost all contact with him. A couple of months later, in March 2008, the complainant was summoned to a meeting in the EPDP camp, where he was interrogated about his son and beaten 10 times on different parts of his body. He was released because he promised to turn his son over to EPDP. After this, EPDP searched his house three or four times, the final time on 2 October 2008. EPDP requested that the complainant bring V. to them by 31 October 2008 and threatened that the complainant would be executed if he did not do so. 2.2 On 11 November 2008, the complainant left Sri Lanka illegally with the help of an agent. He has never had a passport issued by the authorities. He arrived in Denmark on 16 November and applied for asylum in Aarhus on the same day on the grounds of having a conflict with EPDP. On 10 February 2010, his asylum request was rejected by the Danish Immigration Service. On 8 June 2010, the Refugee Appeals Board had a hearing but postponed the decision, as it was awaiting information from the International Committee of the Red Cross and the Human Rights Commission in Sri Lanka. On 13 March 2012, the Refugee Appeals Board rejected the appeal and ordered the complainant to leave the country within two weeks. On 11 April 2012, the complainant requested the immigration authorities to reconsider his case, but on 11 May 2012 the Refugee Appeals Board informed him that his request would not suspend his deportation and that the time frame for the Board’s reply was 9-10 months. After this, the complainant left Denmark and lived in France for 14 months and in Switzerland for 8 months. He returned to Denmark in May 2014. On 4 September 2014, he was summoned to a meeting with the Danish Immigration police and placed in immigration detention while his deportation was being prepared. The complainant asserts that the Refugee Appeals Board did not consider his request for reconsideration of his case, as he was not in Denmark at that time. 2.3 After the final rejection from the Refugee Appeals Board, the complainant established contact with his wife, who had to change her place of residence in Sri Lanka. He has also learned that his son V. had been sent from the Human Rights Commission camp to a refugee camp in India. The complaint 3. The complainant claims that, if returned to Sri Lanka, he would face a risk of torture, inhuman or degrading treatment by EPDP, who has threatened him with death. He alleges that he would be at risk of torture by the authorities. As a Tamil returning from abroad, he would automatically be suspected of being connected with LTTE. He refers to media and governmental reports to substantiate the risk faced by returning Tamils in Sri Lanka, and the murders, abductions and extortion by EPDP in Jaffna, which are often covered up or supported by public security forces. 2