CCPR/C/121/D/2643/2015
temporary residence permit for Switzerland was renewed in 2003 and 2005; however, it
was withdrawn on 31 July 2012, as the author and her children had not registered their
address in Switzerland since 10 April 2012.
4.9
When she re-entered Switzerland on 19 January 2014, she confirmed that the
information provided in her asylum application in 2001 remained correct. She stated,
however, that, in the event of her return to Sri Lanka, she feared abuse by her former
husband, who had been removed from Denmark to their country of origin. She also stated
that their children had grown up in Switzerland. The author did not contend before the
Swiss authorities that she and her family were affiliated with LTTE, nor that, for that reason,
she and her family had a conflict with the Sri Lankan authorities. Consequently, the
information provided by the author to the Swiss authorities is not consistent with the
information provided by the author to the Danish authorities. According to the information
most recently provided by the author to the Danish authorities, she and her family have
allegedly been affiliated with LTTE for years, and their conflicts with the Sri Lankan
authorities have also been going on for years — both dating back to before the author was
interviewed by the Swiss authorities on 27 January 2014. The author has thus had various
occasions to submit this information to the Swiss authorities, if it were true.
4.10 The other contradictions between the statements made to the Swiss asylum
authorities and those made to the Danish asylum authorities include that, upon her entry
into Denmark in May 2012, the author stated that from 2009 to 2011 her former husband
had been imprisoned because of his affiliation with LTTE and that, as a result, she had been
sexually abused by the Sri Lankan Army. The author maintained that statement on the
grounds for asylum for more than one year. She also maintained that statement after her
former spouse had been remanded in custody on 5 March 2013. In her second request to
reopen her asylum case, submitted in October 2013, the author withdrew her original
statement and instead stated that her life would be in danger in the event of her return to Sri
Lanka because her younger brother had been a member of LTTE, and that she also feared
reprisals from her former husband. She further stated that she had stayed in Switzerland
from 2001 to 2011 and that she wanted to return to Switzerland. In her third request to
reopen her asylum case, submitted in November 2014, the author further elaborated on her
grounds for asylum, stating that she feared being persecuted by the authorities in the event
of her return to Sri Lanka because of her and her family’s alleged strong affiliation with
LTTE. The author submitted to the Danish Refugee Appeals Board that both of her parents
and three of her brothers had been affiliated with LTTE and that her father had been killed
by the military because of his affiliation with LTTE. She was also reportedly affiliated with
LTTE herself and had been so since her childhood. She also repeated that she feared
reprisals from her former spouse. Thus, the author has given several different and changing
grounds for asylum to the Danish authorities. As regards her initial grounds for asylum, the
author herself has admitted that they were not true. The author’s subsequent grounds for
asylum concerning her brother’s affiliation with LTTE and the assertion that she had been
granted asylum in Switzerland on that ground were not true either.
4.11 As stated above, the author informed the Swiss authorities that she had not been
politically active, that she had not experienced any problems with the Sri Lankan
authorities, and that her brother was indeed not affiliated with LTTE. As regards the alleged
pressure from her former husband, the State party observes that he was remanded in
custody on 5 March 2013 and remained deprived of his liberty at the time of the Board’s
hearing on 20 June 2013. Therefore, the author also could have informed the Board about
coercion by her former husband. However, she chose to continue to make false statements
to the Danish authorities. It is further observed that the author could have returned to
Switzerland already at that time.
4.12 Taking into account that 12 years have passed since the author’s departure from Sri
Lanka, the State party finds no reason to assume that the author is of any interest to the Sri
Lankan authorities. Even though they may have perceived the author’s brother as a
supporter of LTTE and shot him for that reason, this is an isolated incident dating back
more than 15 years to 2000. Consequently, it cannot be assumed that the author would be of
any interest to the Sri Lankan authorities for that reason alone. As stated to the Swiss
authorities, the author was detained by the Sri Lankan Army in 2001 and subsequently
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