CAT/C/35/D/242/2003 Page 7 and five years imprisonment, as well as under the Prevention of Terrorism Act, which provides for much longer sentences and involves a risk of being subjected to duress to extract a confession; and (e) a letter dated 28 August 2003 from the manager of the lodge in Colombo where the complainant used to live, warning him that on 7 and 10 August 2003, the CID had come to the lodge to look for him. State party’s observations on admissibility: 4.1 On 12 February 2004, the State party disputed that the complainant’s submission meets the minimum requirements of a complaint within the meaning of Rule 107 (a) of the Committee’s rules of procedure and, subsidiarily, challenged its admissibility for lack of substantiation of a violation of the Convention. 4.2 The State party submits that Rule 107 (a) requires “that the individual claims to be a victim of a violation by the State party of the provision of the Convention.” Rather than substantiating a violation of the Convention, the complainant merely informed UNHCR on an unspecified date about the rejection of his asylum application by the BFF, the possibility to appeal this decision within 30 days, and requested an appointment to “discuss [his] problem before writing an appeal.” In the absence of any claim of a violation, the State party considers it impossible to comment on the complainant’s submission. 4.3 The State party submits that, albeit still in force, the provisions pertaining to the return of LTTE suspects adopted under the February 2002 armistice are inapplicable to the complainant, who was never suspected of belonging to the LTTE. It reserves the right to submit its merits observations, should the Committee declare the communication admissible. Complainant’s comments: 5.1 On 2 April 2004, the complainant clarified that, rather than his request for consultation with UNHCR concerning the modalities of an appeal to the ARK, his letter of 11 December 2003 formed the basis of his complaint to the Committee. In this letter, which was signed and dated, he expressed his fear to be arrested upon return to Sri Lanka, after his appeal had been dismissed by the ARK on 14 October 2003. It was obvious from his previous experience that, in addition to arrest, he also feared ill-treatment, to which young Tamils were still subjected in Sri Lankan prisons. The documents appended to his complaint reflected that he had been detained several times in Sri Lanka. Moreover, during the Swiss asylum proceedings, he had already raised his claim that he had been maltreated by the CID during detention. 5.2 The complainant argues that the formal requirements for submitting a complaint should not be overly strict for a layman and concludes that his complaint meets the admissibility criteria under the Convention. Issues and proceedings before the Committee: 6.1 Before considering any claim contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22,

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