CAT/C/23/D/96/1997
page 8
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treatment, valid from 9 December 1998 until 30 September 1999. Furthermore, the author had
requested an extension of this permit. There was no risk of expulsion while his request was
under consideration.
Issues and proceedings before the Committee
7.1
Before considering any claims contained in a communication, the Committee against
Torture must decide whether or not the communication is admissible under article 22 of the
Convention. The Committee has ascertained, as it is required to do under article 22,
paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined
under another procedure of international investigation or settlement. The Committee further
notes the State party’s view that the author has exhausted domestic remedies and that it accepts
the admissibility of the communication. The Committee finds that no further obstacles to the
admissibility of the communication exist. Since both the State party and the author’s counsel
have provided observations on the merits of the communication, the Committee proceeds with
the consideration of such merits.
7.2
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention,
whether there are substantial grounds for believing that the author would be in danger of being
subjected to torture upon return to Sri Lanka. In reaching this decision, the Committee must take
into account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention,
including the existence of a consistent pattern of gross, flagrant or mass violations of human
rights. The aim of the determination, however, is to establish whether the individual concerned
would be personally at risk of being subjected to torture in the country to which he or she would
return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of
human rights in a country does not as such constitute a sufficient ground for determining that a
particular person would be in danger of being subjected to torture upon his return to that country;
additional grounds must exist to show that the individual concerned would be personally at risk.
Similarly, the absence of a consistent pattern of gross violations of human rights does not mean
that a person cannot be considered to be in danger of being subjected to torture in his or her
specific circumstances.
7.3
The Committee notes the State party’s information that the author at present does not risk
expulsion, pending the consideration of the author’s request for extension of his residence permit
for medical treatment. Noting that the order for the author’s expulsion is still in force, the
Committee considers that the possibility that the State party will grant the author an extended
temporary permit for medical treatment is not sufficient to fulfil the State party’s obligations
under article 3 of the Convention.
7.4
The Committee considers that the author’s activities in Sri Lanka and his history of
detention and torture are relevant when determining whether he would be in danger of being
subjected to torture upon his return. The Committee notes in that respect that although the State
party has pointed to inconsistencies in the author’s account of events, it has not contested the
general veracity of his claim. The Committee further notes the medical evidence indicating that
the author, although not at present fulfilling the criteria for a diagnosis of a post-traumatic stress
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Counsel confirmed that information.