complainant to India, in four subsequent proceedings. The Committee also observes that, prior to that decision, the State party agreed to review the complainant’s humanitarian and compassionate application when it became apparent that the evidence submitted by him had not been duly considered. Similarly, the Committee takes note of the fact that the Federal Court did not hesitate to refer the case back for reconsideration on the basis that the reviewed decision on the complainant’s humanitarian and compassionate application also lacked an appropriate evaluation of the evidence. 11.8 In the light of the foregoing, the Committee concludes that the complainant has failed to establish a personal, present and foreseeable risk of being tortured if he were to be returned to India. 12.The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers that the State party’s decision to return the complainant to India would not constitute a breach of article 3 of the Convention. Notes Communication No. 186/2001 Submitted by:K.K. (represented by counsel) Alleged victim:The complainant State party:Switzerland Date of complaint:3 July 2001 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 11 November 2003, Having concluded its consideration of complaint No. 186/2001, submitted to the Committee against Torture by Mr. K.K. under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the complaint, his counsel and the State party, Adopts the following decision under article 22, paragraph 7, of the Convention. 1.1The complainant is K.K., a Sri Lankan national of Tamil origin, born in 1976, currently detained in Zug (Switzerland), awaiting his deportation to Sri Lanka. He claims that his forcible return to Sri Lanka would constitute a violation by Switzerland of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel. 1.2On 8 August 2001, the Committee forwarded the complaint to the State party for comments and requested, under rule 108, paragraph 1, of the Committee’s rules of procedure, not to return the complainant to Sri Lanka while his complaint was under consideration by the Committee. The State party acceded to this request. The facts as submitted 2.1The complainant is from Jaffna in the north of Sri Lanka. When his parents’ house was bombed by the Sri Lankan army in October 1995, he and his family fled to the then LTTEa controlled city of Killinochi, from where he left for Colombo in May 1996, together with his mother. On their way to Colombo, he was separated from his mother and arrested, at a checkpoint of the Sri Lankan army and the Eelam People’s Revolutionary Liberation Front (EPRLF) near Vavuniya, together with several other Tamil men suspected of LTTE membership. 2.2The complainant was subsequently detained in a room of a school from where he was brought to the Criminal Investigation Department (CID) in Thandikulam for interrogations about his LTTE connection. During that time, he was allegedly tortured by Tamil members of the EPRLF who burned his genitals with cigarettes, while he was naked with his hands tied behind his back. The complainant also received blows with a rod and was threatened with execution if he refused to admit his LTTE-membership. During detention, he was only given sandy rice to eat and smelly water, or urine, to drink. After 12 days, the complainant was released because of repeated interventions of his mother and because a remote relative from Colombo, Mr. J.S., had provided guarantees for him. 2.3Shortly after his arrival in Colombo, where he stayed in a [Tamil] lodge, the complainant was arrested and handed over by the army to the police. The following day, he was brought before a judge who, by decision of 2 August 1996, acquitted him of all charges of terrorist activity, for lack of evidence. Despite his acquittal, he was kept in detention at the CID, in a cell occupied by Singhalese drug addicts and alcoholics who allegedly beat him. After one week, he was brought before court again, where he managed to secure his release with the assistance of a lawyer. 2.4Shortly thereafter, the complainant was again arrested by the CID on grounds of being a suspected LTTE activist. At the CID office in Boralle, he allegedly was given half an hour to confess his LTTE-membership, failing which the CID officer threatened to execute him. During his subsequent interrogation with two other suspects, Mr. J.S. and his sister, K.S., the complainant received blows on his head with a sand-filled plastic pipe (“S’Lon Pipe”). He was then detained at the CID building for seven days until he was released, together with the two other suspects, after they had paid 15,000 rupees as a bribe.