Petitioner's comments on the State party's submission
5.1 In his response, on 24 July 2001, to the State party's submission the
petitioner reiterates the claims made in the initial submission, including the
claim about the unfairness of the accelerated asylum procedure. In this
regard, he also submits that although a legal advisor may be present at the
first interview he cannot participate by asking questions himself nor assist
the asylum–seeker in the preparation of this interview. In practice, the legal
advisor has no time even to attend this first interview. This is very
important, as it is after this first interview that the decision is made whether
to deal with the case by the accelerated procedure or not and whether the
asylum-seeker will be kept in detention. The petitioner further states that he
had three different lawyers acting for him at different times and that neither
of his first two lawyers were familiar enough with the situation in Sri Lanka
to ask him the appropriate questions, including a question as to the
possibility of scars on his body. It was only the petitioner's third lawyer that
recognised the importance of this issue in Sri Lanka.
5.2 The petitioner contests the State party's view of the general human rights
situation in Sri Lanka. He questions the sources referred to in the Ministry's
report of July 2000 and states that, the statement in this report that the
situation gives cause for concern is an understatement. He also refers to a
report by the UNHCR which states that if Tamil asylum-seekers with scars
are returned to Sri Lanka they may be more prone to adverse identification
by the security forces and taken for rigorous questioning and potential illtreatment The petitioner also refers to other reports from international
organisations to support his view that the presence of scars on the body of
returned Tamils to Sri Lanka puts them at particular risk. He states that if
returned to Colombo he runs the risk of an identity and background check as
he does not have a valid reason for wanting to stay in Colombo, has no
police-registration in Colombo and does not have a National Identity Card
with him.
5.3 On the State party's point that if the petitioner had been a suspect he
would not have been able to travel to Colombo and flee from the country
having being checked in twice by the authorities on an authentic passport, he
states that there is no evidence showing that the authorities have a central
system to register all those suspected of involvement with the LTTE. He
says also that this fact was confirmed by the July 2000 report of the Ministry
of Foreign Affairs.
5.4 On the State party's point that a second asylum application could have
been lodged he states that this would have been pointless as the District
Court was informed about his scars and still decided that there was no risk
involved by removing him to Sri Lanka. Thus, there were no new facts or