CAT/C/60/D/623/2014 2.2 On 9 March 2009, the complainant arrived in the Netherlands. 2.3 On 28 November 2011, a family friend notified the complainant that his parents had died during the last phase of the civil war, and that the army was looking for former LTTE members and had asked several people about the complainant’s whereabouts. On 30 March 2012, a handwritten letter was sent to his former address in Puthukkudiyiruppu by the commanding officer of the army camp in Paranthan, requesting the complainant to present himself and informing him that the army discovered that he had participated in military training during the war. The letter was sent to the complainant by a neighbour. 2.4 While in the Netherlands, the complainant joined a Tamil sports club and participated in LTTE-organized sports events for several years, including matches commemorating LTTE Heroes’ Day. Photographs of himself taken in September 2013 on Heroes’ Day show him placing a candle next to a photograph of an LTTE fighter during a commemoration ceremony, wearing medals which he received from LTTE, with the LTTE flag in the background. The pictures were posted on Facebook in October 2013. 2.5 Between 11 March 2009 and July 2014, the complainant applied for asylum four times. He claimed that he would be at risk of torture by the Sri Lankan authorities upon return because he was a young Tamil male from the north of Sri Lanka who had links with LTTE and a family member connected to LTTE who is being forcibly returned from a foreign country considered to be a centre of LTTE fundraising activities, and he is a failed asylum seeker who has visible scars and does not possess an identity card. He claims that the authorities could identify him from the pictures on Facebook and establish that he participated in LTTE events in the Netherlands. Each of his asylum requests was denied by the Immigration and Naturalization Service, and by the courts and the Council of State upon appeal. The Immigration and Naturalization Service and the appeal courts came to the conclusion that there were no indications to believe that the Sri Lankan authorities knew about the complainant’s involvement with LTTE or that he would attract the attention of the authorities upon his removal to Sri Lanka. 2.6 According to a statement from a youth health centre in the Netherlands dated 28 March 2011, the complainant was suffering from depression and sleeplessness and had suicidal thoughts. The complaint 3. Referring to numerous reports concerning the risk of torture for returning Tamils, 1 the complainant claims that if returned to Sri Lanka, being a suspected LTTE supporter, he will be detained and tortured by the Sri Lankan authorities. He claims to belong to the group of persons who are at risk of torture by the Sri Lankan authorities upon return because he is a young male Tamil from the north of Sri Lanka; a former member of LTTE who received LTTE military training and participated in engagements against the army; had a relative in LTTE who was killed in the fighting; has visible facial scars; left Sri Lanka illegally and would return with no national identify card on an emergency passport from a country where funds were raised for LTTE; has participated in LTTE activities abroad; and applied for asylum. On the basis of the foregoing, the complainant claims that the State party will violate article 3 of the Convention should he be removed to Sri Lanka. State party’s observations on admissibility and the merits 4.1 On 2 March 2015, the State party submitted its observations on admissibility and the merits. After explaining the legislation and procedures applicable to the complainant’s case, as well as the country situation in Sri Lanka, the State party submits that the complainant has not established satisfactorily that he would be at risk of treatment contrary to article 3 of the Convention if returned to Sri Lanka. The risk factors cited by the complainant, 1 2 The complainant refers, among others, to Human Rights Watch reports dated 24 February 2012 and 7 August 2012; Tamils against Genocide reports dated May and 16 September 2012 and 13 March 2013 and an article dated 26 February 2013; a Freedom from Torture report dated 13 September 2012; and information from the Dutch Refugee Council obtained on 23 March 2014 via email.