CAT/C/60/D/708/2015
Lanka. 36 He submits that he has visible scars on his fingers and forehand that were the
result of the torture inflicted on him in Joseph Camp in April 2004. He explains that while
he has been inconsistent as to the dates of his incarceration and torture, he has always been
extremely consistent as to the nature of the torture inflicted on him and as to the fact that it
was inflicted with the approval of the Government of Sri Lanka.
5.4
The complainant submits that he did not present the torture and trauma report of the
Victorian Foundation for Survivors of Torture Inc. (Foundation House) to the Committee as
a way of excusing his inconsistencies, but as corroborative evidence of the torture he was
subjected to in Sri Lanka. He states that according to the report, he described a direct
experience of violence when he was captured and detained and that his main source of fear
is to be forcibly returned to the country where that torture occurred. The complainant notes
that the State party has not addressed that issue.
5.5
The complainant further refers to the third torture and trauma assessment report
from the Association for Services to Torture and Trauma Survivors, dated 24 May 2016,
finding that he is at risk level 3 on the Harvard trauma questionnaire. He submits that the
report states that “the results indicate that Pratheepan suffers from severe level of symptoms
associated with post-traumatic stress disorder. His symptoms are as a result of past
traumatic events that occurred before fleeing Sri Lanka and mostly due to torture which he
endured. He remains affected by the events both physically and psychologically to this
day”.37
5.6
The author submits that the photograph presented in his submission confirms that he
was a known and active member of LTTE in 2001-2002. He refers to the State party’s
submission that the photograph has been assessed as having no bearing on the State party’s
non-refoulement obligations in his case. 38 The complainant submits that he has not been
involved in any assessment process of the photograph and that there is no transparency as to
the way such an assessment was carried out. The complainant notes that the State party
does accept that he “supported LTTE”.39
5.7
The complainant refers to the report by the International Truth and Justice Project
Sri Lanka published in January 2016,40 stating that “Tamils with tenuous links to the LTTE
or low-level cadres continue to be targeted, along with their families”, and that he would
therefore be at risk if he returned to Sri Lanka.
5.8
The complainant also refers to the key findings of the report by Freedom from
Torture according to which: (a) the Sri Lankan military, police and intelligence services
have continued to practise torture, including rape and other forms of sexual torture and
extensive burning, in the years of “peace” since the end of the armed conflict; (b) there is a
network of torture facilities across Sri Lanka including unofficial detention centres; (c)
those at particular ongoing risk of torture include Tamils with a real or perceived
association with LTTE at any level, whether current or historic; (d) the Sri Lankan
authorities take a strong interest in the activities of the Tamil diaspora in the United
Kingdom of Great Britain and Northern Ireland and many returning to Sri Lanka with a real
or perceived past connection to LTTE, at whatever level and whether directly and/or
through a family member or acquaintance, have been tortured and interrogated about their
activities and contacts there; (e) perpetrators appear to commit torture without fear of the
consequences, as suggested by the lack of due process and heavy scarring left on the bodies
of victims; and (f) torture has had a devastating impact on the survivors.41
36
37
38
39
40
41
The author refers to the first sentence of paragraph 21 of the State party’s submission.
A copy of the report from the Association is attached.
The complainant refers to the State party’s submission, para. 52.
Ibid.
International Truth and Justice Project “Silenced: survivors of torture and sexual violence in 2015”
(January 2016), pp. 9 and 47.
Freedom from Torture, “Tainted peace: torture in Sri Lanka since May 2009”, p. 9. Evidence of
significant psychological impact was found in all 148 cases referred to in the report, including a high
proportion of survivors suffering ongoing symptoms of post-traumatic stress disorder and depression.
9