CAT/C/71/D/896/2018
that the complainant’s narrative has not been found credible by the domestic authorities for
the following reasons: (a) on several points relating to the the circumstances of his trainings
with the Liberation Tigers of Tamil Eelam, he has provided cursory and contradictory
statements; 9 (b) it is implausible that, despite his assertions to the contrary, he was not
required to use weapons during the training, given the tense conflict between the Liberation
Tigers of Tamil Eelam and the Sri Lankan authorities at the time; (c) it is implausible in the
light of the general country situation that, despite his assertions to the contrary, neither the
complainant nor his family members were recruited by the Liberation Tigers of Tamil Eelam
earlier than 2008; (d) it is implausible that the complainant, despite his assertions to the
contrary, had never participated in the armed conflict between the Liberation Tigers of Tamil
Eelam and the Sri Lankan authorities, and his explanation that he managed to hide from the
authorities seemed weak; (e) his account lacked details about the circumstances of his
detention, in spite of its lengthy period (17 months); and (f) his statements about the
circumstances of his escape from detention were found to be implausible.10
4.4
The State party submits that, in addition, the domestic courts could not accept any of
the documents submitted by the complainant as evidence because they were found by the
Royal Military and Border Police not to have been issued by the competent authorities, due
to irregularities detected in their format. Even though the complainant was given the
opportunity by the District Court of The Hague to obtain another expert opinion within three
months in order to prove that the documents were genuine, he failed to do so.
4.5
With regard to the forensic medical report submitted in the context of the fourth set
of asylum proceedings, the State party notes that, on 14 March 2011, the complainant was
examined and found to be medically fit to be interviewed. During his interviews, he explicitly
stated that there were no medical reasons that would preclude his being interviewed. It was
only in the fourth set of proceedings that the complainant indicated that his medical condition,
namely, the progression of chronic post-traumatic stress disorder, may have interfered with
his ability to provide a complete and coherent account of his case. The State party submits in
that regard that the complainant lacked credibility not only due to the inconsistencies detected
in his narrative, but also because some of his allegations seemed to be in conflict with the
general country information. In the light of those circumstances, the domestic courts did not
deem it necessary to request further medical examination or to give the complainant the
benefit of the doubt. Regarding the causes of the complainant’s injuries, the State party
underlines that the medical report took the complainant’s statements for granted and failed
to consider other circumstances that could have led to his injuries or his having developed
post-traumatic stress disorder. Accordingly, the State party concludes that it had no obligation
to further investigate the complainant’s risk of being subjected to treatment contrary to article
3 of the Convention if returned to Sri Lanka.
4.6
The State party submits that, contrary to what the complainant argues, it cannot be
assumed that he left Sri Lanka illegally. He has not submitted any documents to establish his
nationality, identity or travel route, or to demonstrate the veracity of his account. He did not
provide detailed, coherent and verifiable statements regarding his journey. For example, he
did not specify the airline on whose flight he took from Sri Lanka. He has also been unable
to recall the name indicated in his fake passport or the language in which the passport was
issued. It is reasonable to expect him to be able to provide such basic information.
4.7
The State party observes that, in addition, the complainant has not shown that the Sri
Lankan authorities are aware of his involvement with the Tamil Youth Organization in the
Netherlands and his participation in several demonstrations against the Sri Lankan authorities.
In any event, those activities are too marginal for the complainant to be seen as an activist
9
10
The State party submits that the complainant was unable to provide the names of the trainers and
other leaders of the Liberation Tigers of Tamil Eelam from his region. He was not consistent in his
claims as to whether he had to dig bunkers or trenches.
The State party argues that, at the beginning of the asylum proceedings, the complainant submitted
that it was a Sri Lankan soldier who had helped him escape from detention. It is implausible,
however, according to the State party, that a Sri Lankan soldier, who was completely unknown to the
complainant and spoke very little Tamil, would take the risk to facilitate the escape of a Tamil
detainee.
5