CAT/C/31/D/186/2001
Page 7
4.6
Lastly, the State party argues that, on 14 February 2001, the complainant himself
agreed to benefit from the repatriation programme offered by the Federal Office for
Refugees.
Complainant’s comments on the State party’s submissions
5.1
On 16 July 2002, counsel commented on the State party’s merits submission,
arguing that contradictions in the complainant’s statements before the Swiss authorities
resulted from a “diffusion of reality”. Traumatized persons often experienced difficulties in
remembering the details and chronology of their history. That the complainant changed
essential details of his statements, such as the time of the visits of the ICRC delegates,
during one and the same interview before the BFF only reflected the seriousness of his posttraumatic stress disorder. A healthy person intending to lie to the authorities would have
presented a more coherent story.
5.2
The complaint’s psychological disorder is said to increase his risk of being arrested,
and subsequently tortured, by the Sri Lankan security forces, as he panics and tries to
escape whenever he sees a policeman. That such behaviour would be considered suspicious
by the police was reflected by the fact that the complainant provoked his own arrest at the
train station of Zug on 23 July 2002, when he had recognized a policeman dressed in
civilian and tried to run away. Once arrested, the Sri Lankan authorities could reasonably
believe that the complainant was an LTTE activist, because of the scars on his body.
5.3
The complainant submits that the Federal Office for Refugees had merely
challenged the objectivity of the psychiatric report and did not comply with its duty of
investigation by ordering his examination by another psychiatrist. Similarly, the BFF had
simply expressed doubts about the origin of the burns on his genitals, without investigating
into the causes.
5.4
By reference to a judgment of the Administrative Court of Dresden (Germany) of 12
December 2000, the complainant submits that facilities for the treatment of traumatized
persons in Sri Lanka are not sufficient to meet the demand of the tens of thousands of
victims of torture in need. According to the Family Rehabilitation Centre itself, returned
Tamil asylum seekers suffering from post-traumatic stress disorder have little chances to
receive appropriate and sustained treatment.
5.5
The complainant contends that he only signed up for the repatriation programme in
February 2001 because he suffered from depression at that time, due to the repeated
rejection of his asylum claim by the Swiss authorities.
5.6
On 23 July 2002, the complainant submitted another psychiatric report dated 19 July
2002 and issued by the Zürich Institute for Psychotraumatology (IPZ), diagnosing
symptoms of social disintegration coupled with abuse of alcohol, depressive symptoms and
the likelihood of a post-traumatic stress disorder linked to the complainant’s past
experiences in Sri Lanka. The report confirms that the contradictions in the complainant’s
statements before the immigration authorities should not be used to undermine his
credibility, since such inconsistencies are part and parcel of the psycho-reactive symptoms
of post-traumatic stress disorder which the complainant displays.
Issues and proceedings before the Committee