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

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