CAT/C/22/D/106/1998
page 7
4.15 Despite the level of ethnic conflict which exists in Sri Lanka at
present, and on the basis of the State party's understanding of the author's
background and the current situation in Sri Lanka, the State party has formed
the view that, as a matter of fact and law, there are no circumstances
particular to the author which constitute sufficient grounds for believing
that he personally would be subjected to torture upon his return.
4.16 The author is a young Tamil man from Jaffna whose family has suffered as
a result of the ethnic conflict, however, he has not suffered to any greater
extent than any other young Tamil from the north. For the reasons presented
in its admissibility submission, the State party cannot accept his allegations
of ill-treatment, with the exception of the overnight detention in early 1996.
4.17 The State party has formulated its views on the likely treatment of a
person in the author's situation based on the assessment of several expert
groups in Sri Lanka, including the Australian High Commission in Colombo and
independent organizations, and highlights, inter alia, the following. It is
recognized that Tamil people in Sri Lanka are subjected to a greater degree of
surveillance, suspicion and arrest than non-Tamil people. One of the impacts
of the LTTE attacks since October 1997 is a tightening of security in Colombo.
More Tamil people are being caught up in the security measures, such as cordon
and search operations (commonly called a “round-up”) or checkpoints. Their
purpose is to identify possible terrorists. People who do not have identity
documents that readily establish their bona fides must find other means to do
so. Those who do not have documentation and do not satisfy police that they
have a legitimate reason for being in the city will be detained until their
bona fides are established.
4.18 In Jaffna, security is less tense but security checks are nevertheless
frequent. Checks take the form of channelling all people moving on a street
into a single file for frisking. At these points, passengers in all passing
vehicles are also searched. During cordon and search operations, everybody
present, whether Tamil, Singhalese or Muslim, is checked. Non-Tamils are
likely to be sent on their way and those detained will almost invariably be
Tamil.
4.19 The State party submits that the profile of a person who might come
under scrutiny in any such situations is the same: young Tamils from the
north or east of Sri Lanka are most likely to be detained. However, the State
party understands from consistent reports since February 1997 by the Australia
High Commission in Sri Lanka and confirmed by independent sources that only a
small percentage of people caught in a cordon and search operation or at a
checkpoint are detained and, of those detained, the overwhelming majority are
released once their identification and bona fides are established.
4.20 In addition, the State party notes that Tamil people, like anyone else,
continue to have the protection of the law against unlawful activities by
security services. Detained persons and their families have access to the
assistance of the Human Rights Commission and international humanitarian
organizations. There is evidence that intervention by these organizations in
cases of individuals detained for lengthy periods has led to a speedy
resolution of the case. The Sri Lankan Government has also demonstrated its
willingness to avoid complicity in unlawful ill-treatment of Tamils. In