meet the test of being highly probable" (A/53/44, annex IX,
para. 6).
6.5 In the present case, the Committee notes that the authors were provided
with a comprehensive examination of their claims, with multiple
opportunities to contribute to and correct the formal record, with an
investigation by an independent advisory commission as well as judicial
review. The Committee notes the attention drawn by the State party to the
determinations of its various authorities of a number of inconsistencies and
contradictions in the authors' accounts, casting doubt on the veracity of the
allegations. It also notes the explanations provided by the authors in that
respect.
6.6 The Committee finds that the authors have failed to show significant
grounds that the evaluation of the State party's authorities was arbitrary or
otherwise unreasonable, in concluding generally that the likelihood of
torture of Tamils in Colombo who belong to a "high risk" group is not so
great that the group as a whole runs a substantial risk of being so exposed.
Nor have they demonstrated any inaccuracy in the State party's conclusion
that the situation in Sri Lanka is not such that for Tamils in general, even if
they are from the north of the country, substantial grounds exist for
believing that they risk torture if returned from abroad.
6.7 As to the authors' individual circumstances, the Committee considers
that the respective detentions suffered by the authors do not distinguish the
authors' cases from those of many other Tamils having undergone similar
experiences, and in particular they do not demonstrate that the respective
detentions were accompanied by torture or other circumstances which would
give rise to a real fear of torture in the future. In the circumstances, the
Committee considers that the authors have failed to demonstrate, generally,
that their membership of a particular group, and/or, specifically, that their
individual circumstances give rise to a personal, real and foreseeable risk of
being tortured if returned to Sri Lanka at this time.
6.8 The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, concludes that the authors' removal from the State
party would not constitute a breach of article 3 of the Convention.
Notes
1. UNHCR did not take up an invitation from the Advisory Commission to
make representations on behalf of the authors in this case.