fact that the complainant was twice detained in Colombo was irrelevant for his asylum application; (c) that, even if the complainant suffered from post-traumatic stress disorder, he had failed to substantiate that this was the result of persecution by the Sri Lankan authorities; (d) that the complainant had failed to submit reliable documents to prove his identity; and (e) that the complainant’s deportation to Sri Lanka would not constitute an unreasonable hardship, in the absence of sufficient grounds for believing that he would be subjected to torture, and given that his family continued to live in the northern Province (Tellipalai) and that adequate treatment for his post-traumatic stress disorder would be available in Sri Lanka. 2.9 The BFF thereafter set a new deadline for the complainant to leave Switzerland by 5 February 2001. The complaint 3.1 The complainant claims that his forcible return to Sri Lanka would constitute a violation by Switzerland of article 3 of the Convention, since there are substantial grounds for believing that, as a young Tamil who was repeatedly arrested and interrogated by the authorities and militia groups, and whose brother was known to be an LTTE member, he would be subjected to torture upon return to Sri Lanka. 3.2 He submits that the Sri Lankan security forces carry out daily raids and street inspections against Tamils, who can be arrested for up to 18 months, under the Prevention of Terrorism Act (PTA) without an arrest warrant and without being informed of the charges against them. Under the Emergency Regulations (ER) supplementing the PTA, this period may repeatedly be prolonged for 90 days by a judicial commission whose decisions are not subject to appeal. During this time, detainees are frequently interrogated about their contacts with the LTTE, and are often subjected to torture, ill-treatment or even extrajudicial execution. 3.3 By reference to several reports on the human rights situation in Sri Lanka, the complainant claims that the risk of torture for Tamils has not diminished significantly in recent years. 3.4 The complainant submits that no clear distinction between governmental and non-governmental persecution, as envisaged in the Swiss Political Asylum Act, can be made in civil war situations such as in Sri Lanka, which were often characterized by either the total absence of control or its simultaneous exercise by different groups in certain areas. Thus, in certain parts of the country, Tamil militia such as the EPRLF or the TELO persecuted LTTE supporters in close cooperation with the Sri Lankan army, and frequently tortured suspects in their own prison camps. Such treatment was therefore equivalent to State persecution. 3.5 The complainant argues that because of his post-traumatic stress disorder, a sequel of his torture in the EPRLF/TELO camp, as well as his experience related to the bombing of the church in Navaly, he is likely to display uncontrolled reactions in situations of danger such as raids and street inspections, which would further increase his risk of arrest and torture by the Sri Lankan police. 141