CAT/C/35/D/242/2003
Page 8
paragraph 5, of the Convention, that the same matter has not been, and is not being,
examined under another procedure of international investigation or settlement, and
that the complainant has exhausted all available domestic remedies.
6.2
The Committee recalls that for a claim to be admissible under article 22 of the
Convention and Rule 107 (b) of its rules of procedure, it must rise to the basic level of
substantiation required for purposes of admissibility. It notes that the complainant has
provided documentary evidence for his arrest on 3 February 1998 and for his release
on 10 July 2000 (following his arrest on 18 June 2000) by the Magistrate’s Court in
Colombo. However, beyond the mere claim that he was subjected to ill-treatment
during detention, he has failed to provide any detailed account of these incidents or
any medical evidence which would corroborate his claim or possible after-effects of
such ill-treatment. Even assuming that the author was ill- treated during detention
periods in 1998 and 2000, this did not occur in the recent past.
6.3
The Committee notes that the complainant has not submitted any
corroborating evidence in support of his alleged detention and ill-treatment in
September and October 2000 or in November 2001.
6.4
Lastly, the Committee notes that the BFF gave the complainant ample
opportunity to substantiate his claims, authorizing his travel to Switzerland to pursue
his asylum proceedings and interviewing him several times. The BFF did not hesitate
to revoke its decision of 25 September 2002 to reassess his asylum application. The
Committee observes that the complainant has not provided fresh evidence which
would cast doubts on the findings of, or the factual evaluation made by, the BFF and
the ARK.
7.
The Committee therefore considers that the complainant’s claims fail to rise to
the basic level of substantiation required for purposes of admissibility, and concludes,
in accordance with article 22 of the Convention and Rule 107 (b) of its rules of
procedure, that the communication is manifestly unfounded and thus inadmissible.
8.
Accordingly, the Committee decides:
a) that the communication is inadmissible;
b) that this decision shall be communicated to the State party and to the
complainant.
[Done in English, French, Spanish and Russian, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]
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