CAT/C/62/D/696/2015 by providing services. Freedom from Torture concluded that Sri Lankan Tamils, who in the past had a real or perceived association at any level with LTTE, but were able to leave Sri Lanka safely, now faced a risk of torture on return. The complainant lists other reports that show that human rights violations and torture, in particular, have increased in the post-war period.13 The complainant argues that all the reports indicate that, since the conflict in Sri Lanka has ended, the level of adverse interest in failed Tamil asylum seekers returning to the country has not decreased. In fact, they show that a mere suspicion of having any ties to LTTE — irrespective of how weak, old or personal — is enough to attract the adverse interest of the authorities upon return. 7.2 The complainant underlines that the Amnesty International, Medical Research Group report indicates that it is plausible that he was subjected to torture in Sri Lanka in the past. The report concludes that it is likely that most of the scars and physical problems described are related to the complainant’s statements and that it is also likely that the psychological problems are also related to his statements. The complainant refers to the case of M.C. v. the Netherlands, in which the Committee ruled that the medical report from the Amnesty International, in which the scars were considered to be consistent with the complainant’s statements, was a contributing factor in its decision, although IND decided that the complainant’s statements were not credible, were vague and contrary to the general information about the country of origin. 14 7.3 The complainant rejects the State party’s claim that due care was exercised throughout the Dutch asylum procedures in respect of the complainant and due account was taken of article 3 of the Convention. He claims that due care was not exercised in his second asylum procedure, because IND decided to not reconsider their previous refusal to grant a temporary asylum residence permit to the complainant due to the absence of new information in the file. The Hague District Court upheld the decision of IND. However, the complainant did produce a supplementary medical report (from the Institute for Human Rights and Medical Research), which concluded that his psychological problems interfered with his capacity to produce full, coherent and consistent asylum statements during the interviews with IND. In the report of the Institute for Human Rights and Medical Research, it is stated that asylum seekers who have been subjected to torture or other extreme violence often have difficulties in speaking about that violence for various reasons, including memory and concentration. Fear, shame and distrust are also important factors. Asylum seekers often try to forget or to keep silent about the violence or they may have lost (a part of) their memory. 7.4 The complainant explains that he did not tell IND about the weapons hidden by his friend, because he was afraid that it would associate it with him and involvement in terrorist activities and that would have harmed his asylum application and result in his expulsion to Sri Lanka. He states that, although he did not say it during the interview on 11 October 2010, he later provided the information in the written corrections and additions to the report that he submitted on 13 December 2010, as was allowed by Dutch domestic law. 7.5 The complainant notes that his so-called easy escape from Karuna Group was due to the fact that he was held in an abandoned house rather than in a regular detention facility. Moreover, members of Karuna Group were mostly ethnic Tamils and they might have felt sorry for him and turned a blind eye to his escape. 7.6 Regarding his departure for India and subsequent return to Sri Lanka in 2010, the complainant explains that he was able to do that because his father paid 1.5 million Sri Lankan rupees to a human smuggler to arrange for his passport and visas and to bribe officials at the border. He cites several reports, which describe cases in which even high- 13 14 8 See for example, The Bar Human Rights Committee of England and Wales (BHRC) and the International Truth and Justice Project — Sri Lanka, An Unfinished War: Torture and Sexual Violence in Sri Lanka 2009–2014 (2014); and Sri Lanka Campaign for Peace and Justice, Crimes against Humanity in Sri Lanka’s Northern Province, A legal analysis of post-war human rights violations (March 2014). CAT/C/56/D/569/2013.

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