CAT/C/60/D/716/2015 Advance unedited version
complainant was a supporter of the Tamil political party of the area. However, the
Committee considers that this document itself is not sufficient to establish that the
complainant was or is wanted by the Sri Lanka authorities due to his alleged association or
perceived links to the LTTE. Furthermore, the Committee observers that although the
complainant alleges to have been “rounded up” and questioned by the Sri Lanka authorities
regarding LTTE stockpiling of munitions between 2010-2011, he was not kept in detention
or otherwise subjected to ill-treatment, and his statements do not support the conclusion
that the authorities suspected him of having links with the LTTE or similar groups.
Likewise the complainant has not provided evidence, which indicates that his relatives were
subjected to persecution due to his alleged connection with the LTTE.
8.10
Finally, the Committee observes that the complainant’s application for protection visa was
examined by the DIC and the RRT; that he was provided with legal representation under
the IAAAS scheme; that subsequently he appealed for review of the RRT’s decision to the
FCCA and the FCA; and that while not legally represented at the FCCA hearings, he
received advice in preparing his application, and was legally represented at subsequent
proceedings before the FCA. The complainant argues that the legal assistance provided by
the State party was deficient. However, his allegations in this respect are very general and
do not show that there was a lack of due diligence in providing such assistance so as to
significantly affect the outcome his application for protection visa. Nor has he explained in
which manner his appearance at the hearing before the FCCA without legal representation
had a negative impact on the final examination of his case considering that his applications
for leave to appeal to the FCCA and FCA were granted and both courts examined whether
the RRT had incurred in a legal error; and that he had legal representation in the other
stages/instances of the proceedings.
9.
In view of the foregoing, the Committee considers that the evidence and circumstances
invoked by the complainant do not show sufficient grounds for believing that he would run
a real, foreseeable, personal and present risk of being subjected to torture in case of his
removal to Sri Lanka. The Committee thus considers that the material on the file does not
enable it to conclude that the return of the complainant would constitute a violation of
article 3 of the Convention.
10.
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.
12