CAT/C/35/D/231/2003 Page 6 responsible for acts of their relatives in Sri Lanka. For analogous reasons, the ARK dismissed the second and third complainants’ extraordinary appeal. The complaint: 3.1 The complainants claim that the combined effect of their deceased brother’s JVP membership; their efforts to initiate a proper investigation of his death; the torture experienced by, and the criminal proceedings pending against, the first complainant; the disappearance for several years of the second complainant’s husband; as well as their long stay in Switzerland, where Sri Lankan opposition groups are traditionally active, would culminate in their exposure to a high risk of being subjected to torture upon return to Sri Lanka, in violation of article 3 of the Convention. 3.2 They submit that the first complainant’s risk of being arrested is increased by the fact that he continues to face criminal proceedings in Sri Lanka, whereas the second complainant would run a high risk of sexual harassment and rape during police interrogation in Sri Lanka. 3.3 By reference to annual reports of Amnesty International, the U.S. Department of State and a report of the Commission on Human Rights, the complainants submit that torture and cruel, inhuman or degrading treatment are common occurrences in Sri Lanka. State party’s observations on admissibility and merits: 4.1 On 12 August 2003, the State party conceded the admissibility of the complaint. On 15 December 2003, it disputed that the complainants’ removal would violate article 3 of the Convention, fully endorsing the findings of the BFF and the ARK and arguing that the complainants did not submit any new arguments to challenge the decisions of the BFF and the ARK. They failed to clarify the contradictions which undermined their credibility, to submit any medical evidence that would corroborate the alleged torture of the first complainant or its claimed aftereffects, or to substantiate their participation in any political activities during their time in Switzerland. 4.2 Neither their deceased brother’s membership in the JVP, which had been legalized as a political party, nor the second complainant’s husband’s desertion from the army, an offense that is no longer prosecuted since March 2003, would be tantamount to expose the complainants to a risk of persecution today. Besides, the complainants would not have been able to leave Sri Lanka by plane, had any of them been sought by the police, given the strict security measures at Colombo airport. 4.3 By reference to the Committee’s jurisprudence, the State party submits that even if the first complainant faced criminal charges in Sri Lanka, the mere fact that he would be arrested and tried upon return would not constitute substantial grounds for believing that he would be at risk of being subjected to torture.