5.2
The complainant challenges that the EPRLF/TELO had no longer been active in the
Chankanai region between April and June 1997, on the basis that the State party had failed to
cite any verifiable reference for this contention.
5.3
The complainant rejects the State party’s argument that he did not sufficiently
corroborate his claims. Thus, his deceased brother’s LTTE membership was a documented fact
and sufficient ground for believing that the Sri Lankan authorities would hold him in suspicion.
Moreover, acts of torture were generally concealed by the responsible State organs, with the
result that evidence was frequently unavailable.
5.4
The complainant argues that, instead of discrediting the psychiatric reports submitted by
him, the State party should have sought the medical opinion of a State examiner. While not
proving his allegations, the existing reports of January and September 1999 at least confirmed
that his post-traumatic stress disorder was the direct result of past experiences of torture.
5.5
Lastly, the complainant submits that numerous incidents of torture and ill-treatment in
Sri Lankan prisons were reported in 2003 and that, despite ongoing peace negotiations, respect
for the rule of law is still not ensured in Sri Lanka.
Issues and proceedings before the Committee
6.1
Before considering any claim contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been, and is not being, examined under another
procedure of international investigation or settlement. In the present case, the Committee also
notes that all domestic remedies have been exhausted and that the State party has conceded that
the communication is admissible. It therefore considers that the communication is admissible
and proceeds to its examination on the merits of the case.
6.2
The Committee must decide whether the forced return of the complainant to Sri Lanka
would violate the State party’s obligation, under article 3, paragraph 1, of the Convention, not to
expel or return (refouler) an individual to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture. In reaching its conclusion, the
Committee must take into account all relevant considerations, including the existence, in the
State concerned, of a consistent pattern of gross, flagrant or mass violations of human rights
(article 3, paragraph 2, of the Convention).
6.3
The Committee notes from recent reports on the human rights situation in Sri Lanka that,
although efforts have been made to eradicate torture, instances of torture continue to be reported,
and complaints of torture are often not dealt with effectively by the police, judicial officers and
doctors. However, the Committee equally notes the conclusion of a formal ceasefire agreement
between the Government and the LTTE in February 2002. While recent political developments
and changes in Government may have created impediments to the effective pursuit of the
ongoing peace process, it remains that the process itself has not been abandoned. The
Committee further recalls that, after conducting its inquiry on Sri Lanka under article 20 of the
Convention, it concluded that the practice of torture was not systematic in the State party. The
Committee finally notes that a large number of Tamil refugees have returned to Sri Lanka in
recent years.
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