CAT/C/60/D/708/2015 directions to be given on 18 September 2015. That day, the appeal was dismissed and the injunction of non-removal lifted. The complainant remained under threat of a new removal notice being issued. At the time that he submitted his complaint to the Committee, the complainant was detained at the Yongah Hill immigration detention centre. 7 2.11 The complainant states that he has been treated by a psychologist from the Queensland programme of assistance to survivors of torture and trauma. 8 A letter from that institution states that the complainant “reports a history of torture and trauma and presents with symptomatology consistent with these experiences” and that his prolonged detention by Australia has had a negative impact on his mental health. 2.12 The complainant explains that when he was initially interviewed for his refugee claim he was afraid to tell the Department of Immigration officers that he had been a member of LTTE, as he had been told that people identified as LTTE members were detained indefinitely because they were given Australian Security Intelligence Organization negative status. The author also explains that as a consequence, he gave incorrect information as to his experiences in and out of Sri Lanka, which was easily disproved by the Australian authorities. He further indicates that when he finally gave the true version of his situation, his credibility was questioned by the authorities of the State party. The complaint 3.1 The complainant claims that by removing him to Sri Lanka the State party would violate his rights under article 3 of the Convention, since he faces a risk of being subjected to indefinite detention. 3.2 He claims that due to his involvement with LTTE, if he is returned to Sri Lanka, he will be detained under the 1979 Prevention of Terrorism Act, which mandates the indefinite detention of LTTE members. 9 The complainant explains that in 2011, new regulations were introduced to strengthen the Act.10 The complainant refers to current reports that maintain that the Act is still used to detain Tamils. 11 He submits that he will be significantly retraumatized both physically and psychologically if he is returned to Sri Lanka. He further states that under the Act, security personnel involved in its implementation are given immunity from prosecution for any human rights abuses they commit. 12 3.3 The complainant also claims that he would face a risk of physical torture and refers to reports that establish that Tamil detainees are still tortured by the Sri Lankan security forces, despite the fact that the war ended years ago. 13 The complainant also refers to another report by the International Truth and Justice Project Sri Lanka, which found that “white van” abductions were continuing in 2015.14 The report documents 115 cases of postwar torture and states that there is evidence of 65 additional similar cases. Individual accounts of torture have been corroborated by forensic medical experts. The researchers also took evidence from Sinhalese security force insiders and government officials. State party’s observations on admissibility and the merits 4.1 On 27 April 2016, the State party submitted its observations on the complaint. It submits that the complainant’s allegations are inadmissible, pursuant to rule 113 (b) of the 7 8 9 10 11 12 13 14 The complainant does not specify since when he has been detained at the centre. The complaint attaches a letter from the programme dated 11 December 2011. See article 9 (1) of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, available from www.commonlii.org/lk/legis/num_act/potpa48o1979608. The complainant attaches a press article from Al-Jazeera, dated 1 September 2011, stating that new government regulations prevent detained Tamil separatist from being released. The author attaches a report by Freedom from Torture, “Tainted peace: torture in Sri Lanka since May 2009”, summary version (August 2015). See article 26. See Annex 8: The Guardian, “Sri Lankan security forces have continued to torture Tamil detainees even after the election of reformist president Maithripala Sirisena in January”, 13 August 2015. See International Truth and Justice Project Sri Lanka, A Still Unfinished War: Sri Lanka’s Survivors of Torture and Sexual Violence 2009-2015, July 2015. The report indicates that the findings are based on the testimony of survivors of illegal State-organized abduction in “white vans” by the security forces. 3