CAT/C/30/D/191/2001
page 12
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the complainant’s removal to Sri Lanka by the State party would not constitute a breach of
article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
Notes
1
Counsel submits that the travel pass system applies to everyone wishing to leave the
LTTE-controlled area and is intended to raise funds for the armed struggle of LTTE. In order to
ensure that the departure of Tamils does not result in a loss of contributions, each Tamil planning
to leave the LTTE-controlled area needs someone with sufficient assets to guarantee for his
return.
2
The complainant’s description of most of these torture details is documented in a medical
report, dated 14 June 2001, by the medical examination group of the Dutch Section of Amnesty
International.
3
Counsel refers to several reports on the human rights situation in Sri Lanka as well as a
judgement of the European Court of Human Rights in order to support these claims. However,
Committee members should beware that the complaint dates from October 2001 and that the
situation might have changed since then.
4
The State party refers to the Committee’s decisions in A. v. the Netherlands, Communication
No. 91/1997, United Nations document CAT/C/21/D/91/1997, 13 November 1998,
paragraph 6.3 and in K.N. v. Switzerland, Communication No. 94/1997, United Nations
document CAT/C/20/D/94/1997, 20 May 1998, paragraph 10.2.
5
See E.A. v. Switzerland, Communication No. 28/1995, United Nations
document CAT/C/19/D/28/1995, 10 November 1997, paragraph 11.3. The State party further
refers to the Committee’s General Comment No. 1, Implementation of article 3 of the
Convention in the context of article 22, United Nations document A/53/44 (1998), annex IX,
paragraph 6.
6
In that regard, the State party refers to the Committee’s decision in S.V. et al. v. Canada,
Communication No. 49/1996, United Nations document CAT/C/26/D/49/1996, 15 May 2001,
paragraph 9.5.
7
Committee against Torture, twentieth session, Concluding observations of the Committee
against Torture: Sri Lanka, 19 May 1998, United Nations document A/53/44,
paragraphs 243-257, at paragraph 249.