7.1 According to the State party, the facts as presented by the authors were examined by a competent and independent domestic tribunal following a fair process, in accordance with Canada's refugee determination procedure. The State party also notes that the authors were represented by counsel during the course of the proceedings, interpretation was provided and the author's viva voce testimony was elicited. 7.2 It was the view of the Refugee Board that the central issue with respect to the author's situation is that he was released by the police. This clearly indicates that the author was not considered an LTTE member or sympathizer by the very authorities he fears. The Board stated in its reasons that it considered the authors' allegations concerning the beatings received at the hands of the Sri Lankan army and the medical reports he filed with the Board. However, the Board noted that the definition of "Convention refugee" is forward-looking and past experiences, though relevant, are not determinative in the assessment. It states that this is also true of article 3 of the Convention against Torture. 7.3 Regarding the author's wife and child, the Board determined that they were not Convention refugees as they did not have problems when they were in Colombo. Furthermore, as their claims were joined with and dependent upon the author's claim, the Board determined that they were not Convention refugees. 7.4 With respect to the authors' application to PDRCC, the State party explains that, in most cases, the Convention refugee definition will overlap with article 3 of the Convention against Torture. In circumstances where there is no overlap, officials conducting the post-determination review must give consideration to article 3 of the Convention. In accordance with the criteria for these reviews, the post-determination officer reviewed the authors' written submissions prepared on their behalf by their lawyer, the documentation they attached and documentation on the situation in Sri Lanka. The submissions included evidence not produced at the time of the hearing before the Refugee Board, notably a medical report and a 1994 report by Amnesty International. (2) 7.5 Regarding the humanitarian and compassionate review of the case under section 114 (2) of the Immigration Act, the State party contends that the reviewing officer took into account all the submissions of the applicants and a wide range of circumstances, including the risk of unduly harsh or inhumane treatment in the country of return, current conditions in the country and new developments in Sri Lanka since the hearing before the Refugee Board and the PDRCC review. The immigration officer indicated that "risks were involved" (3) but did not confirm that