CAT/C/58/D/595/2014
seekers were immediately detected and taken into custody by the Sri Lankan authorities
upon their arrival at Colombo Airport.
3.3
The complainant therefore maintains that his return to Sri Lanka, if implemented,
would constitute a breach of article 3 of the Convention.
State party’s observations on admissibility and the merits
4.1
On 7 November 2014, the State party submitted that the complainant’s allegations
were inadmissible as they were manifestly unfounded pursuant to rule 113 (b) of the
Committee’s rules of procedure. Should the Committee find the allegations admissible, the
State party maintains that they are without merit as they have not been supported by
sufficient evidence that there were substantial grounds for believing that the complainant
was in danger of being tortured as defined in article 1 of the Convention.
4.2
The State party made reference to the Committee’s general comment No. 1 (1997)
on the implementation of article 3 of the Convention in the context of article 22, which
outlined non-refoulement standards, and to the Committee’s decision in G.R.B. v. Sweden.1
The State party maintained that the complainant had failed to establish a prima facie case
that there was a foreseeable, real and personal risk that he would be subjected to torture if
returned to Sri Lanka. The complainant’s claims had been thoroughly considered by the
State party’s “robust and comprehensive domestic administrative and judicial process”,
including by the Federal Circuit Court, and the State party took its obligations under the
Convention seriously and implemented them in good faith through its domestic migration
processes. The State party requests that the Committee accept that it has thoroughly
assessed the complainant’s claims through its domestic processes and has found that it does
not owe the author protection obligations under the Convention.
4.3
The complainant initially lodged an application for a protection visa on 7 July 2012.
The decision maker conducted an interview with him with the assistance of an interpreter
and considered relevant material such as country information provided by the Australian
Department of Foreign Affairs and Trade. The complainant claimed that in April 2011, the
Sri Lanka Army separated him from other villagers because of a physical scar on his body,
detained him overnight in a Sri Lanka Army camp and interrogated him. He was slapped,
his side was twisted and his father was beaten. He also claimed that in October 2011 four
armed men arrived at his house, two of whom came into the house and accused him of
being a member of the Liberation Tigers of Tamil Eelam. After that incident, he moved to
Gampaha. In March 2012, the complainant alleged, he was kidnapped by four men, kept in
a room for a week, and then told that he must “join them” and that they would keep him
locked up until he agreed. The complainant escaped and several days later departed for
Australia.
4.4
The complainant claimed that he feared that if he were returned to Sri Lanka, he
would be abducted and killed by the Sri Lanka Army or be forced to join a paramilitary
group. He would be targeted because he was a young Tamil man and he would remain
under suspicion of involvement with the Liberation Tigers of Tamil Eelam because of the
scars on his body that resulted from shrapnel wounds he had suffered during the civil war.
4.5
The primary decision maker determined that the complainant’s claims lacked
credibility, in particular doubting that the events that it was claimed had occurred in
October 2011 and March 2012 had taken place. The primary decision maker concluded that
the complainant did not have a significant profile that would draw particular adverse
attention from the Sri Lanka Army, from government authorities or from any paramilitary
1
Communication No. 83/1997, Views adopted on 15 May 1998, para. 6.3.
3