torture was one of them. The risk assessment is not limited to the risk of
torture.(4)
7.6 According to the State party, the above-mentioned national
proceedings demonstrate no manifest error or unreasonableness and were
not tainted by abuses of process, bad faith, manifest bias or serious
irregularities. It also states that it is not for the Committee to evaluate the
facts and evidence of a particular case.
7.7 In the State party's view, the communication reveals that the authors
of the communication left their country because they feared LTTE or
because they feared being caught between LTTE and the governmental
authorities. Such fear does not suffice to substantiate a communication
under the Convention. The authors also state in their submission - and this
is confirmed in the medical report - that they feared torture at the hands of
LTTE if they are returned to Sri Lanka. The author himself claimed that it
was the order to join LTTE that prompted him to leave for Colombo in
1992. Consequently, the State party argues that, in the north of the
country, the authors do not fear the Sri Lankan authorities but LTTE.
7.8 The State party submits that acts committed by LTTE do not fall
under the competence of the Committee since the definition of "torture"
in the Convention refers expressly to acts committed "by or at the
instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity". Acts committed by LTTE
cannot be attributed to the State and therefore are not covered by the
Convention.
7.9 As to the alleged risk of torture at the hands of the State, the State
party submits that the authors of the communication have not established
substantial grounds to believe that, if the authors were deported to Sri
Lanka, there is a personal, present or foreseeable risk of torture. It states
that the authorities are not interested in the authors and makes the
following points in this regard:
Although the author claimed, before the Refugee Board, to be an ardent
supporter of TULF, he never indicated that he was a member of this
movement or had been involved in political activities. In any event, TULF
is now represented in Parliament and supports peace initiatives taken by
the Government;
In his refugee application, the author claimed that he chose Canada
because he was unable to go anywhere else. However, his Personal
History Form, completed by him on his arrival into Canada, shows that he
travelled to many different countries and for long periods, returning
voluntarily to his country each time, even after the incidents in which he