CAT/C/62/D/696/2015
Act, under which former LTTE members were often detained, and replace it with
legislation that complies with international standards. Although the human rights situation
in Sri Lanka still gives cause for concern, in view of information from public sources, there
is no reason to assume that every Tamil, whether or not they had links to LTTE in the past,
will be subjected to treatment contrary to article 3 of the Convention upon returning to Sri
Lanka. The State party is therefore of the view that the information in recent reports and
that contained in reports cited by the complainant do not provide any reason to assess
asylum applications by Tamils differently from what is set out in its observations of 28
October 2016.
9.2
The State party notes the complainant’s explanation as to why he did not provide
information about the weapons that his friend had allegedly hidden. It also notes that the
complainant again changed his statement in that regard and it considers that, if anything, its
credibility of that part of the complainant’s account has been further reduced.
9.3
The State party remains unconvinced by the complainant’s statement that his
situation was different from that of his family members due to his earlier arrest and the fact
that he had hung decorations associated with LTTE activities in his shop. The State party
considers it unlikely that the Sri Lankan authorities would not have checked about
involvement by all the complainant’s family members in the investigation they carried out
following the discovery of hidden weapons.
9.4
As to the complainant’s claim that it did not say anything about Amnesty
International’s medical findings concerning his psychological problems, the State party
reiterates that the complainant’s inability to give a complete and consistent account of less
important matters and certain details was not held against him. However, it held the fact
that he failed to immediately report essential parts of his account against him and that he
subsequently made contradictory, vague and implausible statements regarding those matters,
even though they had had a major impact on him and were his main reason for leaving Sri
Lanka.
9.5
Finally, the State party notes that, even if it were to accept the complainant’s claim
that he was subjected to ill-treatment during his third and fourth alleged arrests, it does not
necessarily mean that, more than seven years later, there is a real risk that he will be
subjected to such treatment upon returning to Sri Lanka. In view of the significant amount
of time that has elapsed, the fact that the complainant was not involved in hiding the
weapons and that no evidence has come to light that he actively supported LTTE in Sri
Lanka or in the diaspora or that he is otherwise considered as a dangerous individual who
could reignite the conflict in Sri Lanka, the State party does not consider it likely that the
complainant will encounter problems like that with the Sri Lankan authorities if he returns
to his country of origin.
Issues and proceedings before the Committee
Consideration of admissibility
10.1 Before considering any complaint submitted in a communication, the Committee
must decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
10.2 The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any complaint unless it has ascertained that the individual has
exhausted all available domestic remedies. The Committee notes that, in the present case,
the State party argues that the complainant has not exhausted all available domestic
remedies because he failed to appeal the denial of his asylum application before the
Administrative Jurisdiction Division of the Council of State. The Committee also notes the
complainant’s arguments that he mailed his appeal on the last day of the deadline and that
the Council of State received it the next day. The Committee further notes that the Council
of State gave the complainant the opportunity to substantiate the late submission of the
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