grounds to conclude that the likelihood of torture of Tamils in Colombo who
belong to "high risk" groups (such as young unidentified men) is so great in
general that the group as a whole runs a substantial risk of being so exposed.
4.6 The report notes that all relatively young Tamils who speak little
Sinhalese and whose documents show them as coming from the north stand
a chance of being held for questioning following an identity check. This is
particularly so if one has recently arrived in Colombo from a war zone and
has no identity documents or valid reason for being in Colombo, or has
failed to register upon arrival. The majority are released within 48-72 hours
once their identity is established and their reasons for being in Colombo
have been explained. Those held longer may be subjected to rougher
treatment, while those held for more than a week on suspicion of LTTE
involvement face a higher risk of ill-treatment. Persons held for more than
three months on firm evidence of involvement face a high risk of torture.
4.7 Accordingly, the State party argues that the situation in Sri Lanka is not
such that for Tamils in general (in particular young men), even if they are
(or have recently come) from the north, substantial grounds exist for
believing that they risk torture if returned. In this regard, the State party
further points to the District Court's consideration of the Ministry of Foreign
Affairs country report and the wide variety of other sources, as well as the
State party's willingness to have the Committee assist in putting an end to
violations of the Convention, which was demonstrated at the consideration
of its last periodic report.
4.8 Turning to the individual cases, the State party points out, in respect of
Mr. S.S., that his arrest in Colombo was for failure to identify himself
during a routine check. It is relevant that several others were arrested at the
same time, and the arrest cannot be regarded as an act specifically directed
against the author. Mr. S.S.'s subsequent release, apparently to do as he
pleased, further speaks against the authorities taking a particular interest in
him. As to the obligation to report daily, the State party refers to its Ministry
of Foreign Affairs country report explaining that an obligation to report after
release does not signify that the person should be classified as wanted by the
police, nor does a failure to comply with this obligation automatically mean
that the person's name is placed on a list of serious suspects. In this case, the
fact that Mr. S.S. was under an obligation to report would not put him at
increased risk in the event of a return.
4.9 Additionally, the State party notes that Mr. S.S's statement that he was
on a transfer list for Boosa prison is based entirely on uncorroborated
suspicions. In any event, given that he was released after a day, it is
implausible that his name was on that list. Furthermore, if the author
believed that he was under close surveillance by the Sri Lankan authorities