CAT/C/58/D/600/2014
5.4
The complainant submits that one should take into consideration in assessing his
case and his demeanour in answering the questions of the State party’s decision makers that
he was still a teenager at the time of the incident who had undergone a very frightening
experience of seeing a woman being strangled; he had escaped from being abducted; and
had undertaken an illegal and perilous boat journey. He was not used to living outside of his
home country nor to answering questions under extreme stress and fear for his future safety.
Therefore, before the interviewers, he may have made small inconsistences in his
statements.
5.5
The Department of Immigration and Citizenship noted that the complainant’s
claims were inconsistent with his first biodata interview. In that respect, the complainant
submits that he felt rushed in his first biodata interview and was made to summarize his
claims in Tamil in one sentence. Furthermore, he was never given an opportunity in the
first interview to elaborate on his claims. The Department of Immigration and
Citizenship also noted that the complainant’s claims were inconsistent with his first entry
interview because he had only mentioned one attacker in the incident. The complainant
accepts that he only mentioned one attacker and explains that he did so because the other
soldier was not participating directly in the attack. The entry interview was also rushed
and no further questions were asked. He adds that he also did not mention the white van
during his entry interview as that element was not central to his request at that time and
he did not think of mentioning it.
5.6
The complainant submits that the aforementioned inconsistences are minor and
can be explained by the fact that he was stressed, required an interpreter and the first
interviews were short. However, he was consistent in his explanations whenever he did
not feel rushed.
5.7
The complainant contends that the Committee should not accept the Refugee
Review Tribunal’s conclusion about his lack of credibility for the following reasons:
(a) he was asked argumentative questions, such as how a woman could have screamed
while being strangled, whereas in his testimony he said that he ran towards the house
when he heard a woman scream, not when she was being strangled. He was confused
about how to explain this obvious position without being considered argumentative and
insolent. By repeating his story, he was attempting to explain to the Tribunal that the
question itself was flawed; (b) he was asked questions for which answers were obvious,
for example, why did he complain to the police. He thought that it was incumbent on any
person who had witnessed a crime to report it to the police, as required by law and for
one’s own safety. He was confused as to why such questions were being asked and
thought that he was actually being asked about the facts of his case. Later, the Tribunal
rephrased the question and he answered the newly formulated question; (c) he does not
understand how he could have been more “spontaneous” and yet answer the T ribunal’s
question as to whether he had seen the three men who allegedly came to his house one
night; (d) he accepts that he did not immediately answer the Tribunal’s question as to
why the men had come to his house, because he did not speak English and found it
difficult using an interpreter. However, when the question was rephrased, he did answer
the newly formulated question; (e) he accepts that he did not answer the Tribunal’s
question as to why members of the Sri Lanka Army involved in an alleged murder would
pursue him, when it would connect them to the alleged murder, because he did not speak
English and the interpretation sometimes confused him. Unfortunately, he was u naware
that he had inadvertently misunderstood the question; (f) regarding his inability to
explain to the Tribunal the exact means through which his father had found out about the
murder of the woman, he submits that he was not given time to ask his father, instead, he
was declared not credible; (g) he submits that, in the specific circumstances of his case, it
is unreasonable to expect him to remember the exact characteristics of the soldiers who
were present at the crime scene; (h) he also argues that it is unreasonable to expect him
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