CAT/C/71/D/896/2018
which had continued in many parts of the country after the conflict with the Liberation Tigers
of Tamil Eelam ended in May 2009. It also refers to credible reports by non-governmental
organizations13 concerning the treatment by the Sri Lankan authorities of individuals returned
to Sri Lanka. However, the Committee recalls that the occurrence of human rights violations
in one’s country of origin is not sufficient in itself to conclude that a complainant runs a real
and personal risk of torture.14
7.8
In the present communication, the Committee observes that the complainant had the
opportunity to provide additional details and supporting evidence of his claims to the
domestic authorities in four sets of proceedings and that the authorities considered the
complainant’s oral statements in the absence of documentation establishing his nationality,
identity or travel route. The Committee notes the inconsistencies and gaps in the
complainant’s oral statements, which led the domestic authorities to conclude that he had not
demonstrated that he would face a foreseeable, real and personal risk of torture if returned to
Sri Lanka. In that respect, the Committee considers that the domestic authorities were relying
heavily on the complainant’s negative credibility assessment, even though some
inconsistencies in the complainant’s statements could be considered minor, others may have
originated in translation errors or have been reasonably explained. Furthermore, as indicated
in the minutes of the complainant’s hearing, the complainant provided additional information
with respect to the circumstances of his detention. The Committee observes the State party’s
allegation that several of the complainant’s assertions, namely, that he had never trained with
a weapon in the training camp, that he had never participated in the armed conflict and that
he had not been approached by the Liberation Tigers of Tamil Eelam earlier than 2008, are
not consistent with the general country information on Sri Lanka. The Committee notes,
however, that the mere fact that the general country information may undermine some
assertions made by the complainant should not necessarily call into question the veracity of
the complainant’s account in its entirety. The Committee recalls that complete accuracy is
seldom to be expected from victims of torture 15 and observes that the complainant has
provided documentation indicating that he was suffering from post-traumatic stress disorder
and depression at the time of his interviews.
7.9
The Committee recalls that ill-treatment suffered in the past is only one element to be
taken into account, the relevant question before the Committee being whether the
complainant currently runs a risk of torture if returned to Sri Lanka. 16 The Committee
considers that, even if it were to disregard the alleged inconsistencies in the complainant’s
account of his past experiences in Sri Lanka and accept his statements as true, the
complainant has not provided any information credibly indicating that he would currently be
of interest to the authorities of Sri Lanka. In that regard, the Committee observes that, even
though Sri Lankans of Tamil ethnicity with a prior personal or familial connection to the
Liberation Tigers of Tamil Eelam facing forcible return to Sri Lanka may be at risk of torture,
in the present case,17 according to the complainant’s own narrative, he never participated in
the armed conflict, and while in detention, he consistently denied his involvement with the
Liberation Tigers of Tamil Eelam. The Committee also observes that the documents
submitted to prove the authorities’ interest in the complainant date back to 2011, and they
were not found to have been issued by the competent authorities. Despite the opportunity to
challenge that expert opinion, the complainant did not take steps to prove otherwise.
Furthermore, taking into account the report issued by the Institute for Human Rights and
Medical Assessment, which indicated that the complainant’s scars were consistent with his
account, it is to be noted that the findings do not discount other possible causes for the
complainant’s injuries. In addition, the fact that the complainant was able to leave Sri Lanka
without any incident also shows the lack of interest of the State authorities in his whereabouts,
especially because he could not establish that he had left the country illegally. In fact, the
13
14
15
16
17
See Freedom from Torture, “Tainted peace: torture in Sri Lanka since May 2009”, August 2015.
See, for example, Thirugnanasampanthar v. Australia (CAT/C/61/D/614/2014), para. 8.7.
See the Committee’s general comment No. 4 (2017), para. 42. See also Alan v. Switzerland
(CAT/C/16/D/21/1995), para. 11.3; and G.E. v. Australia (CAT/C/61/D/725/2016), para. 7.6.
See, for example, S.S.B. v. Denmark (CAT/C/60/D/602/2014), para 8.7; and Thirugnanasampanthar v.
Australia, para. 8.7.
J.N. v. Denmark (CAT/C/57/D/628/2014), para. 7.9.
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