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.

Select target paragraph3