alleges that he had problems with the authorities. In particular, almost one
year after his alleged torture by the army in December 1990, the author
left his country for Singapore and returned voluntarily to Sri Lanka;
The author travelled many times to Colombo and had no problems with
the authorities except in March 1991 and March 1992. This establishes
that the author is not suspected of complicity with LTTE;
While the author claimed that he was tortured by the authorities when
arrested in December 1990, March 1991 and March 1992 he has not
provided any evidence to indicate that any pain suffered in March 1991
amounted to torture as defined by the Convention. Also, when last
arrested in 1992, the event which is alleged to have prompted him to
leave the country, the author was not beaten and was released the next
day with the only obligation being to report to the authorities once a
week;
As to the author's physical condition, his wife stated that, apart from a
longer period of questioning because of his speech difficulties, her
husband had no other problem with the police when he was in Colombo.
The author himself stated that the police were able to understand him
when he spoke with them;
As to the argument that the author would face torture because of his
speech difficulties, the State party argues that this is mere conjecture and
is based on the medical report which states that "(s)ome Tamil refugees,
whom I have examined, have indicated that they believe that they are at
risk in Sri Lanka if they have scars or signs of injury as these could be
regarded by the authorities as an indication that their injuries had occurred
while fighting with the LTTE". Such beliefs cannot constitute substantial
grounds required by article 3 of the Convention;
The author's wife has not herself been arrested by the authorities and she
had no problem with the police in Sri Lanka. Therefore, there is a total
lack of evidence that she was accused or suspected of being an LTTE
supporter;
Contrary to the author's wife's claim, there is no evidence that her identity
card was taken away by the Sri Lanka authorities. In any event, she was
not arrested, detained, accused or asked to make any subsequent reports to
the police;
In 1991, the author, and in 1992, his wife, legally obtained passports in
Sri Lanka;
The authors have not claimed that persons in their immediate circle,
notably family members, were arrested or tortured.
7.10 The State party refers to decisions of the Committee where the
authors have failed to show that the danger is personal and
present. (5) The State party also refers to a case decided by the European
Court of Human Rights involving the removal of Sri Lankans. In that case
the allegation of a violation of article 3 of the European Convention on