Advance unedited version CAT/C/60/D/716/2015 before the Australian authorities and claims, in particular, that he was not legally represented before the FCCA. 8.6 The Committee also takes note of the State party’s arguments that its authorities reviewed all the allegations and evidence submitted to them by the complainant and determined that most of the claims were not credible. Relevant country information does not report acts of violence between the Hindu and Muslim communities in the years in which the alleged attacks to the complainant by Muslim persons took place. Its authorities’ decisions also relied on reports that indicate that not all Tamils in Sri Lanka face persecution purely on account of ethnicity but only those who are suspected of having links to the LTTE; and that the complainant has not demonstrated that he is a person suspected of having concrete links with the LTTE. Likewise, available country information consulted by the RTT does not support the allegation that failed asylum seekers who left Sri Lanka illegally are at risk of torture, unless they have an association or perceived link to the LTTE or are suspected of committing serious crimes. The State party also maintains that the complainant was legally represented throughout the domestic proceedings, and that although his counsel was not present at the FCAA hearing, he was able to appeal and having his case examined by the FCA. 8.7 Regarding the complainant’s claim that he risks being subjected to torture upon return to Sri Lanka, the Committee, while not under estimating the concerns that may be legitimately expressed with respect to the current human rights situation in Sri Lanka and treatment of, inter alia, failed asylum seekers from overseas, recalls that the occurrence of human rights violations in his or her country of origin is not sufficient in itself to conclude that a 17 complainant runs a personal risk of torture. In this context, the Committee refers to its 18 2016 consideration of the fifth periodic report of Sri Lanka, where it voiced serious concern about reports suggesting that abductions, torture and ill-treatment perpetrated by State security forces in Sri Lanka, including the police, had continued in many parts of the 19 country after the conflict with the LTTE ended in May 2009. The Committee has also been concerned at the reprisals against victims and witnesses of acts of torture, and at the acts of abduction and torture in unacknowledged detention facilities, and enquired whether 20 a prompt, impartial and effective investigation of any such acts had been undertaken. . 8.8 The complainant submits that the omissions and inconsistences in his statements before the Australian authorities referred to by the State party are explained by the effects of the trauma he suffers due to the events he allegedly went through in Sri Lanka. To support this claim he submitted to the Committee two documents dated 12 May 2014 and 20 August 2016, respectively, referring to his mental health, elaborated by a social worker, identified as accredited mental health social worker. However, these documents are not issued by mental health specialists, are very general and do not explain on which elements the conclusion that the complainant suffers from PTSD is based. 8.9 The Committee further observes that despite the acknowledgements by the DIC and RRT that reports on the human rights situation in Sri Lanka indicated that Tamils suspected of having links to the LTTE might be in need of international protection, the complainant merely argued that he would be perceived as having links to the LTTE due to his Tamil ethnicity from the Eastern Province of Sri Lanka, but did not indicate that he had such links. The complainant also submitted to the Committee a copy of a complaint allegedly filed by his father to the Valaichenai police station on 4 July 2013 -after his request for protection visa was dismissed by the RRT-, in which the father maintained that the 17 See, for example, communication No. 426/2010, ​R.D. v. Switzerland, decision adopted on 8 November 2013, para. 9.2. See CAT/C/SR.1472 and 1475. See CAT/C/LKA/CO/3-4, para. 6 CAT/C/SR.1472, paras. 36 and 42, and CAT/C/SR.SR.1475. paras. 10 and 27. 18 19 20 11

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