CAT/C/22/D/106/1998 page 8 December 1994, it enacted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act (No. 22 of 1994) which makes it an offence for any person to torture, to aid or abet torture, or to conspire or attempt to torture any other person. It has also prosecuted members of the security services who have violated the law. 4.21 The State party notes the current practice of other States in relation to failed asylum seekers from Sri Lanka. On 13 February 1998, the Australian High Commission in Colombo advised the Government that most Western missions in Colombo continue to be firmly of the view that Colombo and most urban centres in Sri Lanka are safe for the return of failed asylum seekers. Countries which are actively repatriating Sri Lankans include Switzerland, Germany, Sweden, Norway, the United Kingdom, Italy and the Netherlands. 4.22 In view of the above, the State party does not consider that the author will be of interest to the security forces in a situation of active conflict, as he has denied active involvement in the activities of the LTTE. The State party has also confirmed that it is possible for a Sri Lankan national in the author’s situation to obtain a full Sri Lankan passport and thereby re-enter Sri Lanka without drawing attention to himself. 4.23 On the other hand, the State party accepts that the author does come within the profile of individuals likely to come under scrutiny by the Sri Lankan authorities. It also recognizes that the author will have to apply for an identification document soon after his return which may take some days, during which time he may be particularly vulnerable to being questioned, and possibly detained, either in a cordon and search operation or at a checkpoint. However, such vulnerability itself does not provide substantial grounds for believing that the author would be subjected to torture. On the basis that his bona fides will be able to be verified by the Sri Lankan authorities, the State party submits that the chances of the author being tortured, or indeed detained for a prolonged time, are very remote indeed. 4.24 Finally, the State party draws the Committee’s attention to the requirement that the risk to the alleged victim be a risk of torture, rather than a less severe form of ill-treatment. The State party submits that neither the fact of detention itself, nor detention and questioning, has the necessary degree of deliberateness or intentionality nor the necessary severity of pain to fall within the definition of torture in the Convention. Even if the Committee were to accept that the only instance of alleged torture that is described by the author was substantiated, it cannot be assumed that treatment of this kind would fall within the scope of the definition of torture. The author has described an alleged experience of questioning combined with assault and deprivation of food, drink and sleep which, according to the jurisprudence of the European Court of Human Rights, does not necessarily constitute torture but rather inhuman and degrading treatment. 4.25 In conclusion, there is no evidence that the author has personal characteristics that make him more likely to come to the attention of the Sri Lankan authorities than any other young Tamil from the north. For these reasons, the State party submits that there are no substantial grounds to believe that the author would face torture on his removal to Sri Lanka.