- 133 have been arrested by the People’s Liberation Organization Tamil Eelam (PLOTE) in
February 1998. According to the State party, it was only in his appeal to the Commission that
the complainant indicated, in a very vague way and completely contradicting his earlier claims,
that he had been arrested or detained by the police or the CID on several occasions between
February 1998 and his departure for Switzerland.
4.8
The State party points out that, although the document allegedly drawn up by the
Colombo police is dated 23 August 1999, the complainant never said that he had been
arrested in 1999 either during the above-mentioned hearings, or in his appeal to the
Commission of 21 September 1999, or in his letters to the Commission dated 15
and 19 October 1999. According to the State party, it is even more surprising that the
complainant did not refer to this document in his request for an extension of the 10 January 2000
deadline for his departure. The State party points out that, since this document was never
produced in the course of the ordinary proceedings, the complainant could have called for a
review of the facts, but had not done so. The State party points out that such a review is
recognized as an effective domestic remedy within the meaning of article 22, paragraph 5 (b), of
the Convention. The State party is of the view that, in any event, this document cannot be taken
into account in the present case.
4.9
The State party explains that there is good reason to doubt the origin and content of this
document, which, again, was never produced before the national bodies. The State party
observes that it might be wondered why the complainant is afraid of being prosecuted by the
police when the latter obligingly provide him with a document setting out in chronological order
all the occasions on which he claims to have been arrested. According to the State party, it
would be a strange police force indeed that was kind enough to provide a person it wished to
arrest with the very means of avoiding arrest. The State party concludes that the 1999 arrest is
obviously implausible and that the document supposedly issued by the Colombo police,
produced in the form of an uncertified copy, has no probative value.
4.10 After recalling the Committee’s jurisprudence and its general comment on the
implementation of article 3, the State party states that, in the case under consideration, the Swiss
Government entirely agrees with the grounds given by the Commission in support of its decision
to turn down the complainant’s application for asylum and to confirm his expulsion. With
regard to article 3 of the Convention, the State party wishes to point out, by way of a preliminary
remark, that according to the Committee’s jurisprudence (communication No. 57/1996,
P.Q.L. v. Canada), this provision affords no protection to a complainant who simply claims to
fear arrest upon returning to his country. The same conclusion applies a fortiori to the mere risk
of arrest (communication No. 65/1997, I.A.O. v. Sweden). The State party recalls that, in the
present case, the complainant in fact claims that he would be arrested for not fulfilling his
obligation to report to the CID office once a week.
4.11 The State party asserts that it is because the arguments were persuasive that the
Commission considered the complainant’s claims to be lacking in credibility. According to the
State party, these arguments are not weakened by the mere fact that the complainant is now
transmitting to the Committee for the first time a document which was allegedly issued by the
Colombo police on 23 August 1999, according to which the complainant had been arrested again
on 3 January 1999 and was wanted by the police for having failed to report to the CID office.
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