6.4
The Committee recalls, however, that the aim of its examination is to determine whether
the complainant would personally risk torture in the country to which he would return. It follows
that, irrespective of whether a consistent pattern of gross, flagrant or mass violations of human
rights can be said to exist in Sri Lanka, such existence would not as such constitute sufficient
grounds for determining that the complainant would be in danger of being subjected to torture
upon his return to Sri Lanka. Additional grounds must be adduced to show that he would be
personally at risk. Conversely, the absence of a consistent pattern of gross violations of human
rights does not necessarily mean that the complainant cannot be considered to be in danger of
being subjected to torture in the specific circumstances of his case.
6.5
As regards the personal risk the complainant would run to be subjected to torture at the
hand of the Sri Lankan security forces, the Committee has noted his claim that he was tortured,
in 1997, by the EPRLF and TELO, which had operated in cooperation with the Sri Lankan army.
Even if these allegations were assumed to be true, the Committee considers that it does not
necessarily follow that the complainant would presently be at risk of being subjected to torture
again, given the ongoing peace process in Sri Lanka and the fact that many Tamil refugees have
returned to that country in recent years.
6.6
Insofar as the complainant argues that his post-traumatic stress disorder would result in
uncontrolled reactions in stressful situations, thereby increasing the risk of his arrest by the
Sri Lankan police, the Committee observes that the absence of any criminal proceedings against
the complainant in the past, as well as his low political profile, can in turn be adduced as factors
likely to lower any risk of serious consequences, should he be arrested again.
6.7
The Committee considers it unlikely that the Sri Lankan authorities, or the militia groups
allegedly acting with their consent or acquiescence, remain interested in the LTTE involvement
of the complainant’s younger brother, who died almost eight years ago.
6.8
With regard to the question of whether the complainant would be able to receive
adequate psychiatric treatment for his post-traumatic stress disorder in Sri Lanka, the Committee
recalls that the aggravation of the complainant’s state of health possibly resulting from his
deportation to Sri Lanka would not amount to torture within the meaning of article 3, read in
conjunction with article 1 of the Convention, which could be attributed to the State party itself.
6.9
The Committee therefore is of the view that the complainant has not adduced sufficient
grounds which would lead the Committee to conclude that he would run a substantial, present
and personal risk of torture if returned to Sri Lanka.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention,
concludes that the complainant’s 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.]
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