circumstances to present on his behalf. He goes on to say that he did show
his scars to the Court, including the prosecution, and therefore a medical
report is an unnecessary requirement.
Issues and Proceedings before the Committee
6.1 Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention. In this respect 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 also
notes that the State party has not contested the admissibility of the
communication. As the Committee sees no further obstacles to admissibility,
it declares the communication admissible and proceeds immediately to the
consideration of the merits.
6.2 The Committee must decide whether the forced return of the petitioner
to Sri Lanka would violate the State party's obligation, under article 3,
paragraph 1 of the Convention, not to expel or return (refouler) an individual
to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture. In order to reach its
conclusion the Committee must take into account all relevant
considerations, including the existence in the State concerned of a consistent
pattern of gross, flagrant or mass violations of human rights. The aim,
however, is to determine whether the individual concerned would personally
risk 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 sufficient grounds for
determining whether the particular person would be in danger of being
subjected to torture upon his return to that country; additional grounds must
be adduced to show that the individual concerned would be personally at
risk. Conversely, 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.
6.3 The Committee has noted the petitioner's claim that he is in danger of
being subjected to torture if he is returned to Sri Lanka due to his previous
involvement with the LTTE, that he has allegedly already been maltreated
twice by the authorities, and that he has scars on his body which the
authorities would likely assume to have been caused by fighting for the
LTTE. It has also considered the claim that, because of the brevity of the
accelerated procedure, the petitioner was prevented from informing the
authorities early on in the procedure that he had scars from earlier
maltreatment and that this information may have allowed the authorities to