CAT/C/30/D/191/2001
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The IND justified its decision as follows: (a) The fact that the complainant is a Tamil was not by
itself considered sufficient to be granted asylum; (b) the contradiction in the complainant’s
statements about the pregnancies of his wife and his hiding in Mullaitivu; (c) the implausible
description of the complainant’s escape from the military hospital considering that, pursuant to
his own account, he was a relatively important prisoner; and (d) the absence of humanitarian
reasons necessitating a staying permit. The IND concluded that the complainant would not be
exposed to a risk of torture if he were returned to Sri Lanka and that there was no basis to apply
the policy on post-traumatic stress disorder as a ground for admission, since his allegations of
torture were not credible. The decision was accompanied by advice on applicable remedies
informing the complainant that his expulsion would be suspended upon appeal to court.
2.10 On 16 June 1999, the complainant lodged an appeal with the district court in Zwolle
against the above decision, arguing as follows: (a) The IND was not justified in rejecting his
explanation regarding the pregnancies of his wife; (b) his detailed description of the facts as well
as visible scars on his body refuted IND’s conclusion that his allegations of torture lacked
credibility; (c) bribing soldiers was a widespread phenomenon in Sri Lanka and a plausible
explanation for his release from the military hospital; (d) the IND failed to take into account
statements made by his brother 12 years ago in the context of his own application for asylum in
the Netherlands confirming that the complainant had always had problems because of his karate
background; and (e) that his experience of torture was sufficiently traumatizing for the policy on
post-traumatic stress disorder to be applied in his case.
2.11 Medical advice by BMA was given on 14 December 1999, stating that, at the time the
advice was issued, the complainant suffered from a medical condition including pain on his
lower back and problems with his eyes, that he no longer received any specific medical
treatment, that he was able to travel and that no medical emergency situation was to be expected.
2.12 By letter of 8 November 2000, the IND informed the complainant that the suspension of
his expulsion would be lifted. By letter of 15 November 2000, the lawyer of the complainant
submitted an application for an interim injunction to the Hague District Court.
2.13 At the request of the complainant’s lawyer, the medical examination group of the Dutch
Section of Amnesty International issued a medical report on 12 June 2001, stating that the
complainant has several scars on his body and cannot fully stretch his index finger. While the
scars on his body, especially burn marks on his left arm, a wound on his toe and a piece of dark
skin near his eye, seemingly confirmed his torture allegations, the problem with the
complainant’s index finger might have been caused by the alleged hits with a broken bottle. The
report also states that no anatomical damage of the complainant’s back can be diagnosed but that
this fact does not exclude a possible relationship between the apparent chronic back pain of the
complainant and the beatings he allegedly suffered. Moreover, the report concludes that the
psychological symptoms shown by the complainant, such as permanent suffering from his past
experiences, his increased sensitivity and over-anxiousness, his problems of concentration, as
well as insomnia, are typical signs of a post-traumatic stress disorder.
2.14 On 2 July 2001, the Hague District Court dismissed the appeal against the decision by the
IND of 20 May 1999 as unfounded and declared the application for interim measures
inadmissible. It considered that the complainant’s allegations lacked credibility because of the
contradictory statement on the pregnancies of his wife and because of his failure to state the truth