CAT/C/30/D/191/2001 page 6 on whether he was hiding during his stay in Mullaitivu. The Court also held that no grounds existed for applying the policy on post-traumatic stress disorder and that the complainant did not suffer any disadvantage from the fact that the IND rendered its decision without having waited for the BMA’s medical advice. Moreover, the Court considered that the complainant did not belong to a category of persons who would be at risk of being treated in violation of article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if returned to Sri Lanka. The complaint 3.1 Counsel claims that the findings of the District Court do not rule out that the complainant runs a substantial risk of being subjected to torture or other cruel, inhuman or degrading treatment upon return to Sri Lanka and, therefore, the Netherlands would be violating article 3 of the Convention if he were returned to that country. 3.2 As to the complainant’s credibility, counsel submits that the essential part of his statements relate to the time when he was detained in the Trincomalee military camp rather than to the question when his wife was pregnant or when she gave birth. 3.3 Counsel complains about the circumstances under which the second interview was conducted by the IND and about the manner in which the complainant was confronted with the inconsistencies in his statements about the pregnancies of his wife and about his hiding in Mullaitivu. 3.4 Counsel submits that, apart from the medical advice by the BMA, the IND should have considered the medical report by the Amnesty International medical research group, which, according to counsel, corroborates the complainant’s allegations and confirms that he is traumatized. Counsel claims that the benefit of the doubt should be applied in favour of the complainant since foolproof evidence hardly ever exists in asylum cases. 3.5 According to counsel, the complainant cannot be returned to the part of Sri Lanka which is controlled by the LTTE, because the situation in that area is generally unsafe due to military operations by the LTTE as well as by the Sri Lankan army and because the complainant has to fear sanctions for having left that area without LTTE approval. By the same token, the complainant cannot, in counsel’s view, be sent to the South of Sri Lanka where he would be at risk of being tortured since (a) his past as a well-known karate teacher would raise the suspicion of involvement with the LTTE; (b) the scars on his body may lead to the conclusion that he was involved in the armed struggle of or at least trained by the LTTE; and (c) his Tamil origin, his inability to speak Sinhalese and the fact that he neither has an ID nor a valid reason for wanting to stay in the South increase the risk of being arrested, and eventually tortured, by the Sri Lankan police.3 3.7 Counsel concludes that upon return to Sri Lanka, the complainant would be exposed to a substantial risk of being arrested and detained for a period longer than the regular 48 to 72 hours for which Tamils are frequently detained following identity checks. According to counsel, the risk of being tortured during such a prolonged period of detention is generally high.