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Complaint No. 156/2000
Submitted by:
M.S. (name withheld)
[represented by counsel]
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
9 February 2000
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 13 November 2001,
Having concluded its consideration of complaint No. 156/2000, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Adopts the following:
Views under article 22, paragraph 7, of the Convention
1.1
The complainant is a Sri Lankan national of Tamil origin, born on 13 April 1979. He is
currently in Switzerland, where he applied for asylum. His application was turned down and he
maintains that his expulsion to Sri Lanka would constitute a violation by Switzerland of article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He asked the Committee to deal with his case as a matter of urgency, as he was
facing imminent expulsion when he submitted his complaint. He was represented by counsel
until 9 April 2001.
1.2
On 21 February 2000, in accordance with article 22, paragraph 3, of the Convention,
the Committee transmitted the complaint to the State party. At the same time, the Committee,
acting in accordance with rule 108, paragraph 9, of its rules of procedure, requested the State
party not to expel the complainant to Sri Lanka while his complaint was under consideration.
On 23 May 2000, the State party informed the Committee that steps had been taken to ensure
that the complainant was not sent back to Sri Lanka while his complaint was under consideration
by the Committee.
The facts as presented by the author
2.1
The complainant states that, like most Sri Lankans of Tamil origin, he was forced to work
from a very early age for the Liberation Tigers of Tamil Eelam (LTTE) movement, particularly
in building bunkers and putting up propaganda posters. He says that he had to flee from
Kilinochchi to Colombo because he refused to be more active in the movement.
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