CAT/C/31/D/186/2001
Page 5
detention in connection with the visits of the ICRC delegates. Moreover, his claim that he
voluntarily went to the CID when his mother informed him that he was a suspect in the
Dehiwala bomb blast was not credible, assuming that he had been tortured by CID officers
during previous detention. As to the medical evidence submitted by the complainant, the
Commission, while conceding that the burns diagnosed in the medical report could have
been caused by cigarettes, considered it unlikely that these injuries had been inflicted under
the circumstances alleged by the complainant, based on the fact that he had clearly
exaggerated the quantity of burns before the immigration police. Similarly, the Commission
noted that the psychiatric report was submitted at a late stage of the proceedings, and
considered it inconclusive on the question of whether the complainant had been tortured.
While not excluding that the complainant could be arrested and beaten by the police upon
return to Sri Lanka, the Commission concluded that no concrete risk of torture existed, as
the Sri Lankan authorities could be reasonably expected to punish such incidents. It also
considered the medical treatment available in Sri Lanka sufficient for the complainant’s
needs and confirmed the decision as well as the deportation order issued by the BFF.
2.10 On 23 July 2001, the complainant was arrested and detained by the immigration
police in Zug, after he had tried to evade his expulsion scheduled for 24 January 2001 by
going into hiding.
The complaint
3.1
The complainant claims that his forcible return to Sri Lanka would constitute a
violation by the State party of article 3 of the Convention, since he would face a high risk of
torture if he were deported to that country, as a young single male Tamil who had
previously been arrested and tortured several times as a suspected LTTE activist.
3.2
The complainant submits that Sri Lankan security forces carry out daily raids
against Tamils, who can be arrested for up to 18 months, under the Prevention of Terrorism
Act (PTA), without an arrest warrant and without being informed of the charges against
them. Under the Emergency Regulations (ER) supplementing the PTA, this period may
repeatedly be prolonged for 90 days by a judicial commission whose decisions are not
subject to appeal. During this time, detainees are frequently interrogated about their
contacts with the LTTE and are often subjected to torture, ill-treatment or even extrajudicial execution.
3.3
By reference to several reports on the human rights situation in Sri Lanka3, the
complainant submits that the risk of torture for Tamils has not diminished significantly over
the past years.
3.4
The complainant argues that, because of his post-traumatic stress disorder, he is
likely to show uncontrolled reactions in situations of danger such as raids and street
inspections, which would further increase the risk of arrest and subsequent torture by the
police. Moreover, no adequate medical and therapeutic treatment exists in Sri Lanka for
traumatized persons.
3
Reference is made, inter alia, to an Amnesty International report of 20 July 2000 (ASA 37/022/2000).