CAT/C/31/D/186/2001
Page 9
based on his uncontrolled behaviour in stressful situations, and the suspicion likely to be
created by such behaviour, as well as the scars on his body. It has noted the State party’s
arguments about the contradictions in the complainant’s statements before the Swiss
immigration authorities, his acquittal by a Sri Lankan court due to lack of evidence of
LTTE involvement, and the legal safeguards introduced by the new Committee of Inquiry
into Undue Arrest and Harassment since 1998 (see para. 4.4).
6.6
The Committee considers that, assuming that, based on the medical and psychiatric
evidence submitted by the complainant, his case has been made out, considerable weight
must be given to his allegations that he was tortured during past detention at the CID.
However, the Committee notes that these alleged instances of torture did not occur in the
recent past.6
6.7
Insofar as the complainant argues that his post-traumatic stress disorder would result
in uncontrolled behaviour in stressful situations, thereby increasing his risk of arrest by the
Sri Lankan police, the Committee observes that the fact that the complainant benefited from
a court decision which acquitted him of terrorism charges, as well as his low political
profile, can in turn be adduced as factors which are likely to lower any risk of serious
consequences should he be arrested again.
6.8
With regard to the alleged absence of adequate psychiatric treatment for the
complainant’s post-traumatic stress disorder in Sri Lanka, the Committee considers that the
aggravation of the complainant’s state of health possibly resulting from his deportation to
Sri Lanka would not amount to torture within the meaning of article 3, read in conjunction
with article 1, of the Convention, which could be attributed to the State party itself.7
6.9
The Committee therefore is of the view that the complainant has not adduced
sufficient grounds which would allow the Committee to conclude that the he would be in
danger of being subjected to a substantial, present and personal risk of torture if returned to
Sri Lanka.
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 complainant's removal to Sri Lanka by the State party
would not constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee's
annual report to the General Assembly.]
6
See CAT, General Comment 1: Implementation of article 3 of the Convention in the context of article 22, 21
November 1997, at para. 8 (b).
7
See, mutatis mutandis, Communication No. 83/1997, G. R. B. v. Sweden, Decision adopted on 15 May 1998,
at para. 6.7.