- 132 which he is suffering must be considered serious. The complainant claims that essential
emergency medical treatment might be necessary and that hospital conditions in Sri Lanka,
notwithstanding the contrary view of the Swiss Appeal Commission on Asylum Matters, would
not permit appropriate medical treatment.
Observations of the State party on the admissibility and merits of the communication
4.1
The State party did not challenge the admissibility of the communication and made its
observations on the merits in a letter dated 21 August 2000.
4.2
The State party first of all considered the decision by the Swiss Appeal Commission on
Asylum Matters.
4.3
The State party notes that, although the Commission considered the appeal to be
manifestly ill-founded and hence could have been summarily rejected, it nevertheless undertook
to examine it in detail.
4.4
The State party recalls that the Commission, like the Federal Office for Refugees, found
that the complainant had not proved he had suffered serious harm that might give him reason to
fear, objectively and subjectively, persecution if he returned to Sri Lanka. According to the State
party, the complainant has not in fact established that there is a personal, concrete and serious
risk that he will be subjected, if sent back to his home country, to treatment prohibited under
article 3 of the European Convention on Human Rights and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. According to the State party, it
follows from the decision by the Swiss Appeal Commission on Asylum Matters that, in the light
of Switzerland’s international commitments, the return (“refoulement”) of the complainant is
lawful. The State party recalls that the Commission rejected the arguments put forward by the
complainant, who cited his state of health in objecting to his refoulement.
4.5
Secondly, the State party considered the merits of the Commission’s decision in the light
of article 3 of the Convention and the Committee’s jurisprudence.
4.6
The State party states that the complainant in his complaint merely recalls the grounds he
had invoked before the national authorities. According to the State party, the complainant
produces no new information that might call into question the decision of the Federal Office for
Refugees of 18 August 1999 and the Commission’s decision of 10 December 1999. The State
party asserts that the complainant provides no explanation to the Committee of the
inconsistencies and contradictions in his allegations. On the contrary, according to the State
party, the complainant merely confirms them, since, for reasons unknown to the Swiss
authorities, he claims to have been arrested again on 3 January 1999 by the Colombo police and
then to have been brought before the court on 10 February 1999. The State party recalls that
those claims were supposed to be confirmed, according to the complainant, by the Colombo
police document dated 23 August 1999.
4.7
The State party finds these claims to say the least surprising, since during the internal
procedure, the complainant initially stated spontaneously that he had not been arrested again by
the police or the CID after April 1997. During the hearing, however, the complainant claimed to
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents