CAT/C/58/D/609/2014 8.6 The Committee recalls that the occurrence of a consistent pattern of gross human rights violations in his or her country of origin is not in itself a sufficient basis for it to conclude that an individual runs a personal risk of being subjected to torture upon return.8 In this context, the Committee refers to its concluding observations on the combined third and fourth periodic reports of Sri Lanka, in which it expressed serious concern about reports suggesting that torture and ill-treatment perpetrated by State actors in Sri Lanka, both the military and the police, had continued in many parts of the country after the conflict with LTTE that ended in May 2009.9 The Committee also refers to its concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland, in which it noted evidence that some Sri Lankan Tamils had been victims of torture and ill-treatment following their forced or voluntary removal from the State party to Sri Lanka.10 The Committee further refers to the preliminary observations and recommendations of the Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment on his official joint visit to Sri Lanka with the Special Rapporteur on the independence of judges and lawyers, from 29 April to 7 May 2016, in which it is noted that “torture is a common practice” and that the “current legal framework and the lack of reform within the structures of the armed forces, police, Attorney-General’s Office and judiciary perpetuate the real risk that the practice of torture will continue.” 11 The Committee also takes note of credible reports published by NGOs concerning the treatment by the Sri Lankan authorities of individuals returned to Sri Lanka. 12 The Committee considers that all of the above-mentioned reports show that Sri Lankans of Tamil ethnicity with a prior personal or familial connection to LTTE and facing forcible return to Sri Lanka may face a risk of torture. 13 8.7 In the present communication, the Committee notes the complainant’s claim that one of his brothers was killed in 2001 because of his alleged affiliation with LTTE and that he himself is a suspected LTTE supporter because he made clothes for LTTE. At the same time, the Committee notes that the complainant has not submitted any concrete information about his brother’s role in LTTE nor any report of any harassment that he or his family members experienced on account of his brother’s affiliation with LTTE, especially taking into account that the Sri Lanka Army was based on part of their land since the beginning of the conflict. The Committee also notes that, since 2001, when his brother was killed, the complainant continued to live in Sri Lanka for eight years before leaving for India from the airport with a valid passport and visa. Furthermore, nothing on file suggests that the complainant had ever been arrested, tortured or persecuted by the authorities or that they have looked for him before or after his departure in 2009. The complainant’s relatives still live in their family house in Trincomalee and the complainant has not reported any problems that they might have encountered after he left the country. The complainant has 8 9 10 11 12 13 8 See for example, communications No. 426/2010, R.D. v. Switzerland, decision of 8 November 2013, para. 9.2; No. 591/2014, K. v. Australia, decision of 25 November 2015, para.10.11. See CAT/C/LKA/CO/3-4, para. 6. See CAT/C/GBR/CO/5, para. 20. See Preliminary observations and recommendations of the Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment, Mr. Juan E. Mendez, on the official joint visit to Sri Lanka, 29 April to 7 May 2016 (Colombo, 7 May 2016). See Freedom from Torture, Tainted Peace: Torture in Sri Lanka since May 2009, August 2015, available at www.freedomfromtorture.org/sites/default/files/documents/sl_report_a4_-_final-f-bweb.pdf; and Yasmin Sooka, The Bar Human Rights Committee of England and Wales (BHRC) and The International Truth and Justice Project, Sri Lanka, An Unfinished War, Torture and Sexual Violence in Sri Lanka 2009-2014, March 2014, available at www.barhumanrights.org.uk/sites/ default/files/documents/news/an_unfinihsed_war._torture_and_sexual_violence_in_sri_lanka_20092014_0.pdf. See communication No. 628/2014, J.N. v. Denmark, decision adopted on 13 May 2016, para. 7.9.