Human Rights was dismissed as the plaintiffs did not establish that their personal position was any worse than that of other members of the Tamil community who were returning to their country. The mere possibility of ill-treatment was not in itself sufficient to foresee that they would be subjected to ill-treatment following their return. (6) 7.11 The State party submits that the communication rests mainly on the general situation of human rights in Sri Lanka. The authors do not link that general situation to their personal situation. As to the general situation in Sri Lanka, the report of the Working Group on Enforced or Involuntary Disappearances (1998) indicates that persons most often reported detained and missing were young Tamil men accused or suspected of belonging to, collaborating with, aiding or sympathizing with LTTE. The State party argues that the authors do not fall into this category. 7.12 Furthermore, it states that the information provided by UNHCR indicates that torture and other forms of mistreatment are not practised by the police and security authorities in Colombo. The United States Department of State Country Report for 1998 (dated February 1999) indicates that there were no reports of disappearances in Colombo and Jaffna. In March 1997, UNHCR reported that rejected asylum-seekers who arrived with national travel documents should have no problems when arriving at Colombo airport. 7.13 Moreover, the State party argues that in its assessment of the communication, the Committee should take into consideration the different measures taken by the Sri Lankan authorities to investigate and prevent acts of torture, as well as remedies available to the authors. In this context, the State party notes that, inter alia, all arrests and detentions must be reported to the Human Rights Commission (established in 1997) within 48 hours, the reports of three presidential commissions of inquiry into past disappearances have been made public, investigations into 485 of the 3,861 cases of alleged human rights violations have been completed and 150 alleged perpetrators charged in the High Court, and a 24-hour service to deal with public complaints of instances of harassment by elements in the security forces has been established by the Government. 7.14 With respect to the alleged violation of article 16 of the Convention, the State party argues that this article obliges States parties to apply the obligations contained in articles 10 to 13 to acts of cruel, inhuman or degrading treatment or punishment. As article 16 does not mention article

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