CAT/C/60/D/716/2015 Advance unedited version 5.1 On 31 August 2016, the complainant provided comments on the State party’s observations. He reiterated his previous allegations and underlined that he suffers post-traumatic stress disorder (PTSD) as a result of the experiences he and his family went through in Sri Lanka and his fear of being sent back to his country of origin.7 He also submits that the legal advice he received while preparing his appeal to the FCCA was deficient; that this advice mainly helped him to formulate the application in English; and that reference to important basic documents was omitted in the application, such as an affidavit explaining the circumstances why he missed the deadline to submit the application. 5.2 Although the State party’s authorities accepted that a failed asylum seeker might be questioned at the airport, even for extended periods, they did not take into account the CID’s well-known proclivity to use torture during interrogations.8 In addition, the RRT did not take into account that in general the conditions of detention in Sri Lanka’s prisons amounts to cruel, inhuman and degrading treatment. 5.3 The complainant submits that RRT found that his accounts were not credible due to the fact that he raised different claims throughout the proceedings. However, it is explained by the effects of the trauma he suffered due to the events he allegedly went through in Sri Lanka, his journey to Australia, and his detention in Australia. 5.4 The complainant points out that Muslim-Tamil conflict over land in the Valaichenai area was reported at least by one NGO in October 2008.9 However, the RRT’s decision noted that NGOs or the media had not reported such conflict, implying that his allegation was false and, therefore, assessing negatively his credibility. Although he could not provide this information during the domestic proceedings, it was for the RRT to carry out a research about reports concerning the circumstances surrounding his case. 5.5 The complainant submits that his father was active in the Tamil National Alliance (TNA); that a letter from a local member of parliament, submitted to the RRT, stated that the complainant was a supporter of the TNA;10 that he himself stated before the RRT that the Sri Lankan authorities were “angry” with him because he was helping his father “in his activities”; and that he was not questioned about the nature of these activities. Moreover, it should be understood that in a small village land disputes as those in which his father was involved inevitable acquires political consequences.11 5.6 The complainant alleges that he initially applied for judicial review of the RRT’s decision with the help of members of the Australian Tamil Congress, an organization that it is closely allied to the Tamil National Alliance; and that he went 5-6 times to its centre, as well as to public meetings for asylum seekers. State party’s further submission 6.1 On 15 February 2017, the State party reiterated that the complaint is inadmissible and that it does not disclose any violation of the Convention. 6.2 As to the complainant’s comments questioning the quality of legal advice giving to him in the preparation of his appeal to the FCCA, in particular due to the failure to provide an affidavit explaining why an extension of the deadline was necessary, the State party notes 7 The complainant provides a document dated 20 August 2016, issued by S.K., identified as accredited mental health social worker. The complainant refers to the UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment, Preliminary observations and recommendations on the official visit to Sri Lanka 29 April to 7 May 2016. The complainant refers to the International Crisis Group, Asia Report No. 1589, Sri Lanka’s Eastern Province: Land, Development, Conflict, 15 October 2008, p. 19. The complaint provides a copy of the parliamentarian’s letter in Tamil language. In this connexion, he refers to the International Crisis Group report of October 2008. 8 9 10 11 8