CAT/C/57/D/628/2014
In this regard, the State party observes that the complainant stated that his family had had
no problems when his brother left the country. In addition, the complainant did not invoke
his brother’s situation during the asylum proceedings. Consequently, the State party
supports the assessment made by the Refugee Appeals Board that the complainant would
not be a high-profile individual to the Sri Lankan authorities because of his own or other
family members’ connections to LTTE.
4.13 As regards the news and reports referred to by the complainant about acts of abuse
committed by the Sri Lankan security forces against Tamils, the State party reiterates that
the complainant and his family members are not high-profile individuals, and there is no
information that the complainant’s family living in Sri Lanka, including his spouse or his
children, have experienced any ill-treatment since the complainant’s departure. The State
party also reiterates that EPDP no longer serves any military function in Sri Lanka, but
rather has, to an increasing extent, taken on the characteristics of a criminal gang,
committing extortion and corruption and performing violence against civilians in the Jaffna
area. Accordingly, the State party maintains that the complainant has not rendered probable
that he faces a real risk of being ill-treated by EPDP because of his son’s training by LTTE
in 2006, at the time when the Refugee Appeals Board rendered its decision, or that he faces
any such risk currently.
4.14 Moreover, the State party notes inconsistencies in the complainant’s story. In
particular, during the interview of 24 November 2008, the complainant stated that he had
travelled from the village of Inparuddy to Colombo on 31 October 2008, that he had
experienced no problems during his journey, that he had in his possession a temporary ID
card, which he had presented to the Sri Lankan authorities during his journey, and that he
had departed from the Colombo airport on 12 November 2008 using a temporary Sri
Lankan passport issued in his own name. The complainant then stated in his asylum
application form of 4 December 2008, and when interviewed on 14 November 2009, that he
had departed from the Colombo airport on 12 November 2008 and that he had used a
passport issued in a different name. In addition, during the Board’s hearing on 8 June 2010,
the complainant stated that he had remained with LTTE on the Jaffna peninsula for about
20 or 21 days after the last visit of EPDP on 20 October 2008, and that he had then been
accompanied by someone to Mamadu/Vavuniya, from where he had continued his journey
to Colombo. Thus, the State party maintains that the complainant, who left Sri Lanka more
than six years ago and is not a high-profile individual, will not be at risk of being subjected
to ill-treatment in violation of article 3 of the Convention if returned to Sri Lanka.
Further submissions by the parties
5.1
On 29 June 2015, the complainant submitted that he disagrees with the State party’s
assertion that his complaint is inadmissible. Concerning the merits, he acknowledges that
he has not presented any new information to the Committee; however, he refers to a
number of reports which confirm that Tamils are still being subjected to ill-treatment in Sri
Lanka.10 The complainant further notes that even if he is not a “high-profile person” in Sri
Lanka, he was arrested, interrogated and beaten by EPDP, and was released only after he
promised to hand over his son. He failed to do so and therefore was threatened with being
killed. Consequently, he fled Sri Lanka illegally with a passport which was not issued in his
10
The complainant refers to Human Rights Watch “We Will Teach You a Lesson”: Sexual Violence
against Tamils by Sri Lankan Security Forces (26 February 2013); N. Sivathasan, “Tamil political
prisoners in Sri Lanka” (Sri Lanka Campaign for Peace and Justice, March 2013); UNHCR Eligibility
Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Sri Lanka
(21 December 2012); and United Kingdom Home Office, “Operational guidance note: Sri Lanka”
(July 2013).
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