CAT/C/61/D/614/2014
8.5
In the present case, the complainant claims that he would be detained, tortured and
probably killed upon his return to Sri Lanka by the Sri Lanka Army or affiliated
paramilitary groups for his participation in 2005 in the school play that was organized by
LTTE, due to which he is suspected of being an LTTE supporter. The Committee notes the
complainant’s claims that in 2008, an unidentified armed gang came to his house and
questioned him about LTTE; that in June 2008 two men attempted to abduct him from
school; that between October 2009 and January 2011 he was hiding at St. Mary’s Cathedral
in Jaffna, since armed gangs regularly visited his family to look for him; and that in May
2011, the Sri Lanka Army made a house check during which the complainant was attacked
and beaten. The Committee also notes the complainant’s claims that in June 2011 he was
abducted by a large group of men in a white van and was beaten and sexually assaulted; and
that one of the gang members let him escape subsequent to the payment of a bribe by his
father. The Committee further notes the complainant’s allegations that when he escaped to
Malaysia to avoid further persecution, the Sri Lanka Army and armed gangs went to his
home in Sri Lanka and interrogated his brother, and that he would be persecuted again by
paramilitary groups affiliated with the Sri Lanka Army upon his return to the country.
8.6
The Committee notes the State party’s submission that the complainant failed to
provide credible evidence and to substantiate his allegations that there was a foreseeable,
real and personal risk that he would be subjected to torture by the authorities if returned to
Sri Lanka, and that his claims have been thoroughly reviewed as part of refugee status
determination and complementary protection processes, in accordance with domestic
legislation and taking into account the current human rights situation in Sri Lanka. The
Committee notes that the authorities of the State party concluded that his claims about
harassment during 2008 and 2011 and about his alleged abduction in June 2011 were not
credible. The Committee also notes that the State party did not accept that the complainant
was suspected of being a supporter of LTTE and was of interest to paramilitary groups of
the Sri Lanka Army as a consequence of his participation in the school play in 2005. Rather,
it considered that the fact that the complainant was able to depart from Sri Lanka, using his
own passport without incident, demonstrated the contrary. The decision makers relied on
country information according to which the security situation in Sri Lanka had improved
since the cessation of hostilities in 2009 and the complainant would not be targeted for
reasons of his Tamil ethnicity, membership of a particular social group of young men or
imputed political opinions as a supporter of LTTE. Concerning the alleged targeting of
other participants in the school play in 2005, and the alleged interrogation of his brother by
the Sri Lanka Army and armed gangs while he was in Malaysia in 2011, the State party’s
authorities did not consider the complainant to be a credible witness in relation to a large
portion of his claims. Further, the State party considered that he had not provided
corroborating evidence in support of his claims or to demonstrate that the authorities in Sri
Lanka had been looking for him in the recent past or were otherwise interested in him.
Finally, the Committee notes the information provided by the State party according to
which the complainant was not detained or charged by the Sri Lankan police upon his
return to Sri Lanka and was allowed to freely leave the airport.
8.7
The Committee observes that the complainant has not submitted his comments in
response to the observations by the State party, and has not replied to any of the reminders
sent by the Committee, which may be a consequence of his removal to Sri Lanka.
Regarding the complainant’s claim that he risks being subjected to torture upon return to
Sri Lanka owing to his status as a young Tamil with real or perceived links with LTTE, and
as a failed asylum seeker, the Committee agrees that Sri Lankans of Tamil ethnicity with a
real or perceived prior personal or familial connection to LTTE, facing forcible return to Sri
Lanka, may face a risk of torture. In this connection, the Committee notes the current
human rights situation in Sri Lanka and refers to its concluding observations on the fifth
periodic report of Sri Lanka, in which it expressed concern, inter alia, about reports
regarding the persistence of abductions, torture and ill-treatment perpetrated by State
security forces in Sri Lanka, including the military and the police, which had continued in
many parts of the country after the conflict with LTTE had ended in May 2009,26 and to
26
See CAT/C/LKA/CO/5, paras. 9-12.
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