CAT/C/35/D/231/2003 Page 4 1.2 On 20 June 2003, the Committee, through its Rapporteur on New Complaints and Interim Measures, transmitted the complaint to the State party and requested it, under Rule 108, paragraph 1, of its rules of procedure, not to return the complainants to Sri Lanka while their case was under consideration by the Committee. The Rapporteur indicated that this request could be reviewed in the light of new arguments presented by the State party. The State party acceded to this request by note of 12 August 2003. The facts as submitted by the complainants: 2.1 In 1992, the first and second complainants’ brother, a suspected JVP (“Janatha Vimukthi Peramuna”) activist, was shot dead while taking a shower in the backyard of his house in Jaya wadanagama, Battaramulla (Sri Lanka). Allegedly, the police refused to investigate the assassination. The police officer in charge of the case told the complainants that the bullets found in their brother’s body belonged to a police gun. He was subsequently reassigned to another post. When the complainants insisted on a proper investigation, they were warned that it would be better for their own safety not to ask more questions. In 1993, the complainants’ family moved to another town (Akkuressa), because of the pressure exercised on them by the authorities. 2.2 During the winter of 1994/1995, the second complainant’s husband was arrested at the house of the complainants’ family, after failing to return to service in the Sri Lankan Army at the end of his leave. The police denied that he had been detained and accused the complainants of hiding him. Unaware of her husband’s whereabouts, the second complainant was subsequently harassed and allegedly almost raped by members of the security forces, which forced her to go into hiding. 2.3 The first complainant was arrested on 27 June 1995, without being informed of the charges against him, and detained at the Colombo Fort police post, from where he was transferred to Mahara prisons after one week. During his detention at Colombo Fort, he was interrogated several times about his brother- in-law and his deceased brother. He was allegedly subjected to torture every day, receiving blows with a stick on his feet, testicles and stomach. 2.4 Subsequently, charges of attemp ted armed robbery were brought against the first complainant, on the basis that he and two accomplices had attacked a man while the latter was exchanging money. He remained in detention until his release on 22 December 1995, on the condition that he would report to the police every other week. Due to his fear to be detained again he decided to leave the country together with the other complainants on 20 March 1997. On 8 April 1997, they arrived in Switzerland and applied for asylum. 2.5 On 12 November 1998, the Federal Office for Refugees (BFF) informed the second complainant that her husband had applied for asylum in Switzerland. The marriage between the second complainant and her husband was dissolved by divorce judgment of 5 October 1999. 2.6 On 8 December 1998, the BFF rejected the first complainant’s asylum application, considering that the evidence for his release from prison, i.e. a bail receipt dated 21 December 1995, was forged, thus undermining the credibility of his claims,