CCPR/C/116/D/2314/2013
treatment and torture.35 The author quotes a report from a non-governmental organization
that has documented cases of torture in Sri Lanka, even after the conflict ended. According
to the report, the forms of torture used included blunt force trauma, burning, sexual torture,
suffocation and asphyxiation, restraint, hanging, suspension and psychological torture. In
total, 96 per cent of the cases of such forms of torture involved Tamils who had a real or
perceived connection to the Liberation Tigers of Tamil Eelam. The report concludes that
people of Tamil ethnicity, even with minimal or merely suspected links to the group, have
been detained and tortured.36
5.5
The author also refers to the “screening process” of returned Tamils at the airport
where the Criminal Investigation Department has a 24-hour presence. According to the
background material referred to, the Sri Lanka High Commissions abroad send the details
of those being removed to Colombo.37 Suspicious individuals are first interrogated at the
airport, where officials do not hesitate to use violence. Once it is discovered that the
individual has applied for asylum, he or she would be considered a traitor and even if
released, he or she will be under surveillance and can be arrested at any time. Those who
are suspected to have links to the Liberation Tigers of Tamil Eelam or the media are at high
risk of being imprisoned. Tamils from the north and east and persons between the ages of
20 and 40 undergo even more checks.38 It has been proven that many Tamils have been
arrested after returning from abroad and that arrests are most often accompanied by torture.
Therefore, the author considers that he would face a real risk in violation of articles 6 (1), 7
and 9 (1) of the Covenant in case of return to Sri Lanka.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Committee must,
in accordance with rule 93 of its rules of procedure, decide whether or not it is admissible
under the Optional Protocol.
6.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
35
36
37
38
12
See Asylum Research Consultancy, Sri Lanka COI Query Response (19 August 2014), available from
http://www.refworld.org/docid/542e89fc4.html. The report states that the United Kingdom Bar
Human Rights Committee of England and Wales and the International Truth and Justice Project on
Torture and Sexual Violence in Sri Lanka 2009-2014, which is based on 40 sworn statements from
witnesses, supported by medical and psychiatric records in 32 cases, found that “some witnesses
whose previous asylum applications were unsuccessful reported being abducted upon their return to
Sri Lanka by the security forces, who knew of their failed asylum applications. Once in detention,
they were subsequently repeatedly tortured and sexually assaulted until (…) bribes could be used to
procure release and they managed to leave the country again”.
Freedom from Torture, submission to the Committee (October 2014), p. 7. See
http://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/LKA/INT_CCPR_CSS_LKA_1822
9_E.pdf.
See Asylum Research Consultancy, Sri Lanka COI Query Response (19 August 2014), available from
http://www.refworld.org/docid/542e89fc4.html.
The author quotes a report by the Swiss Refugee Council, entitled “Sri Lanka: dangers liés au renvoi
des personnes d’origine tamoule” (June 2015). Available in French from
www.osar.ch/assets/herkunftslaender/asien-pazifik/sri-lanka/150616-lkarueckfuehrungtamilischerpersonen-f.pdf.