CAT/C/71/D/834/2017 war violations by the Sri Lankan security forces are aimed at sowing terror and destabilizing Tamil community members. Within this context, the Government of Sri Lanka is actively involved in the continuation of the system of mistreatment, and fails to hold its security forces accountable.12 3.4 Referring to the report of Freedom from Torture,13 the complainant alleges that the vast majority of people subjected to detention and torture in Sri Lanka are actual or perceived Tamils involved with LTTE. The report also indicates that many people find out that friends, acquaintances, work colleagues and employers are in some way connected to LTTE when they are themselves detained and interrogated. The authorities tend to assume that people are guilty of being associated with LTTE even if they have unknowingly carried out some mere services for LTTE members. The complainant alleges that several other organizations expressed their concerns that Tamils returning from abroad could be arrested on suspicion of links with LTTE.14 3.5 The complainant claims that by returning him to Sri Lanka, the Netherlands will breach article 3 of the Convention against Torture. State party’s observations on the merits 4.1 On 18 January 2018, the State party submitted its observations on the merits, providing details of four asylum procedures related to the complainant’s application for a temporary asylum residence permit. It also provided information concerning the facts of the case, the applicable Dutch law, the general situation in relation to Tamils and former LTTE members, the Dutch policy on asylum seekers from Sri Lanka and relevant case law. 4.2 The State party submits that the complainant has not satisfactorily demonstrated that the Sri Lankan authorities have ever taken any interest in him, either at present or in the past. The risk factors cited by the complainant do not demonstrate that he would face a real risk of torture in Sri Lanka. The State party does not consider, on the basis of the facts presented, that the complainant has established that there is a real risk or that it is reasonably likely that the Sri Lankan authorities would now regard him as a threat. Thus, it has not been satisfactorily established that the complainant would be subjected to treatment contrary to article 3 of the Convention upon his return to Sri Lanka. 4.3 The State party explains that asylum applications by Sri Lankan Tamils are assessed in the light of the risk factors established by the European Court of Human Rights, including the following: (a) the aliens are known to the Sri Lankan authorities as a member of LTTE or are suspected of taking part in LTTE activities; (b) they have a criminal record or an arrest warrant issued against them; (c) they have escaped from prison or have been released on bail; (d) they have signed a confession or similar document; (e) they have been asked by the Sri Lankan authorities to become an informant; (f) they have scarring; (g) they have to return to Sri Lanka from London or another centre of LTTE fundraising; (h) they left Sri Lanka illegally; (i) they lack identity documents; (j) the Sri Lankan authorities have learned that they have applied for asylum abroad; and (k) they have relatives active in LTTE and the Sri Lankan authorities are aware of this. 4.4 The State party submits that due care was exercised throughout the Dutch asylum procedures in respect of the complainant and due account was taken of article 3 of the Convention. The State party is convinced that the complainant’s asylum application was assessed in a careful manner and in view of the legal protection offered at the national level. 12 13 14 4 On pages 103–104 of the report of the International Truth and Justice Project (A Still Unfinished War), an insider from the national security service stated that officials from the military security service in Vavuniya told him that they were actively searching for Tamils who returned from abroad, in order to interrogate them, kidnap them and subject them to torture. Reference is made to: Freedom from Torture, Tainted Peace: Torture in Sri Lanka since May 2009 (August 2015). The complainant refers to reports from the International Crisis Group, the Society for Threatened People, the Department of State of the United States of America, the Swiss Refugee Council and Amnesty International.