consider his application more favourably. The Committee has also noted the
State party's description of the procedure, its detailed account of the
measures in place, including regular contact with a legal advisor and the
possibility of appeal, to allow for due process of the asylum applications. It
also notes, that the Court of Appeal did consider the question of the
petitioner's scars and that it was not solely on this issue but on a
consideration of all the facts at its disposal that the Court decided not to
grant asylum.
6.4 Although the State party appears to concede that, the petitioner was
arrested and detained by the authorities twice in October 2000, the
Committee notes that it was not of the view that the petitioner is suspected
of involvement with the LTTE, considering the fact that he was held for
only one day on each occasion of his arrest and was never actually a
member of this organisation. The Committee observes that the petitioner
does not contend that he was a member of the LTTE nor does he contend
that he was involved in any political activity. In addition, the Committee
notes that the petitioner only worked for two months for this organisation,
six years prior to his first arrest. In the Committee's view, the petitioner has
not alleged any other circumstances, other than the presence of scars on his
body, which would appear to make him particularly vulnerable to the risk of
being tortured. For the abovementioned reasons, the Committee finds that
the petitioner has not provided substantial grounds for believing that he
would be in danger of being tortured were he to be returned to Sri Lanka and
that such danger is personal and present.
7.The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, concludes that the petitioner's removal to Sri
Lanka by the State party would not constitute a breach of article 3 of the
Convention.
Notes
1. 1 The State party refers to A v. The Netherlands, Case No. 91/1997,
adopted on13 November 1998, E.A. v. Switzerland, Case No. 28/1995,
adopted on 10 April 1997, and K.N. v. Switzerland, Case No. 94/1007,
adopted on 15 May 1998.