CAT/C/35/D/231/2003
Page 9
the Colombo High Court with translations dated 18 August 2000. But even if these
documents were to be cons idered authentic, they merely prove that the first
complainant was detained and released on bail and that, subsequently, he might have
been indicted and tried in absentia for attempted robbery. In this regard, the
Committee recalls that the mere fact that the first complainant would be arrested,
retried and possibly convicted in Sri Lanka would not as of itself constitute torture
within the meaning of article 1, paragraph 1, of the Convention; nor would it
constitute substantial grounds for believing that any of the complainants would be in
danger of being subjected to torture in the event of their return to Sri Lanka. 5
7.7
With regard to the desertion from the Sri Lankan army in 1994/95 of the
second complainant’s ex- husband, the Committee does not consider that any of the
complainants would have to fear persecution on the basis of family co-responsibility,
as the second complainant’s marriage was dissolved by divorce judgment of 5
October 1999.
7.8
In the light of the above, the Committee need not consider the first
complainant’s request, under Rule 111, paragraph 4, of the Committee’s rules of
procedure, for a personal hearing.
7.9
The Committee therefore concludes that the complainants have not adduced
sufficient grounds for believing that they would run a substantial, personal and present
risk of being subjected to torture upon return to Sri Lanka.
8. The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the complainants’ removal to Sri Lanka by the State party
would not constitute a breach of article 3 of the Convention.
----[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee's annual report to the General Assembly.]
5
See Communication No. 57/1996, P.Q.L. v. Canada, Views adopted on 17 November 1997, at para.
10.5.