CAT/C/51/D/387/2009 confirmed that the above information was not presented to the Australian immigration authorities. 7.2 On 27 April 2012, the complainant submitted a report from the Edmund Rice Centre (ERC)17 on its investigations in Sri Lanka with regard to the complainant’s situation, which included discussions with human rights lawyers, senior opposition, political figures, trade union officials and others. The report substantiates the credibility of the complainant’s account that he would face a very significant risk of torture at the hands of Government actors, including Mr. L.A. or persons affiliated with the Government through the trade union of the government party. The Chief Opposition Whip in the Sri Lankan Parliament (see para. 5.7 above) with whom the NGO team met stated that the Government is persistent in hunting down political opponents and that after an election, the party which comes to power harasses opposition supporters to punish them for supporting their political opponents. A discussion with senior JSS representatives confirmed that the wounds noted on the complainant’s body at the time were the result of an assault with a cable and other forms of humiliation aimed at forcing him to worship the President. The complainant’s complaint was being investigated by the UNP Political Revenge Committee. According to the ERC report, there is an additional risk for the complainant, linked to his status as failed asylum seeker who could be suspected of having links with the LTTE. 7.3 Given that the State party is in contact with the Sri Lankan authorities in its fight to halt the smuggling of asylum seekers, the complainant is concerned that the information he provided to the Australian Government may have been provided to the Sri Lankan authorities following his disclosure in May 2006. If the State party returns the complainant to Sri Lanka he will be questioned upon arrival at the international airport by the authorities, including the Criminal Investigation Department (CID), who might take him into custody and interrogate him. Sri Lankan authorities routinely use torture, including on returned asylum seekers following their arrival at the international airport, as evidenced by a number of reports by NGOs, including Human Rights Watch.18 Building on individual accounts from failed asylum seekers who had been imprisoned and tortured after returning to Sri Lanka from Australia, ERC concludes that the complainant is likely to face similar risks of torture. The torture allegedly practiced by CID Colombo includes blunt trauma, burning (with molten metal), suspension, sexual assault, rape and mock execution.19 The complainant is at a heightened risk of torture during interrogation as a returning asylum seeker because he actually had connections with the LTTE before and after leaving Sri Lanka. 7.4 Due to his severe mental illnesses, the complainant is more likely to have difficulties in an interrogation with authorities such as the CID, as set out in the report from the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS).20 His history of trauma will make him vulnerable to the aggressive suspicions of a very unprofessional police force.21 7.5 On 14 November 2012, the complainant submitted additional clarification relating to the admissibility of the communication. He considers that the Committee should admit the 17 18 19 20 21 The Edmund Rice Centre is involved in a range of projects and activities across the four areas of its operation in research, community education, advocacy and networking (see http://www.erc.org.au/). See Human Rights Watch, “UK: Halt Deportations of Tamils to Sri Lanka – Credible Allegations of Arrest and Torture upon Return”, 25 February 2012. See Freedom from Torture, “Freedom from Torture submission to the Committee against Torture for its follow-up to the concluding observations from its examination of Sri Lanka in November 2011”. Report attached to the complainant’s further submission to the Committee of 27 April 2012. The complainant quotes report from Edmund Rice Centre, (p. 3, para. 13) (see above). 13

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