- 134 The State party points out that the complainant should have and could have provided this
information to the Swiss authorities during the internal procedure, as an asylum-seeker is
bound by a duty to cooperate. The State party finds it particularly surprising that, when the
complainant appeared before the Swiss authorities he never mentioned his arrest
on 3 January 1999, even though this supposedly took place shortly before he left Sri Lanka. The
State party adds that the complainant also argues that he was subjected to torture while under
arrest and that the Sri Lankan authorities bound and beat him. However, according to the State
party, the Swiss doctors who examined the complainant and administered his anti-tubercular
treatment never reported any suspected after-effects of acts of violence.
4.12 The State party explains that, quite apart from these inconsistencies, it should be pointed
out that the complainant’s allegations in connection with the arrest on 3 January 1999 and the
arrest warrant are implausible. During the cantonal hearing, the complainant explicitly stated
that, after his arrest in Colombo by the PLOTE in February 1998, he was released “on condition
that he return immediately to Kilinochchi”, adding that members of the PLOTE “told me not to
return to Colombo”. If he had returned to Colombo, the complainant would allegedly have been
in danger of being “detained for longer, without being brought before a court”. According to
the State party, however, these assertions with regard to the arrest by the Colombo police
on 3 January 1999 and, especially, the judge’s order that the complainant be released on
condition that he report to the CID office every Saturday clearly lack credibility.
4.13 Lastly, the State party believes that the complainant’s explanations concerning the way
he left Sri Lanka need, at the very least, to be treated with caution. The complainant does not
explain, in particular, how he was able to leave the country from Colombo airport although
wanted by the police. According to the State party, the extremely tight security controls in
operation at the airport would never have allowed the complainant to check in for the flight and
pass through police and border controls. The State party considers it unlikely that he could, as he
claims, have been assisted by a trafficker, who allegedly told him not to speak to the customs
officers and would have promised to intervene if questions were asked. According to the State
party, the facts show that, on the contrary, there is no evidence that the complainant was being
sought by the police on the day of his departure, on 24 or 25 March 1999.
4.14 The State party concludes that there is therefore reasonable doubt as to whether the
complainant is wanted by the Sri Lankan authorities. It is also unlikely that the author would be
at risk of arrest if he returned to his country. However, according to the State party, even if
such a risk existed, it would not be sufficient to conclude that there were substantial grounds
for believing that he would be in danger of being subjected to torture (communications
Nos. 157/1996 and 65/1997).
4.15 With regard to the health grounds cited by the complainant, the State party points out that
the Commission took them into account. On the basis of two medical certificates, it concluded
that the basic anti-tubercular treatment had been completed and that the complainant no longer
suffered from any life-threatening or health-threatening condition. According to the State party,
the new medical certificate dated 6 January 2000, on which the complainant based his argument,
merely confirms this conclusion. After consultations, the surgeons who saw the patient decided
not to perform a surgical decortication. The State party adds that, even if an operation should
prove necessary, which is not the case at present according to the above-mentioned certificate, it
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