CCPR/C/127/D/2276/2013
this risk profile upon return to Sri Lanka. It argues that State authorities such as the
Criminal Investigation Department do not appear to have ever seriously considered that the
author has ties to LTTE. It notes that the author’s account includes some incidents of
detention by the Criminal Investigation Department in late 2009 and early 2010, but that
State authorities determined that most of the author’s account was not credible. Even the
author’s own account states that he continued to live in Sri Lanka for over a year after the
last alleged incident involving the Criminal Investigation Department, without experiencing
any harassment from State actors. The author left Sri Lanka legally in 2011, using his own
recently issued passport, and there was no reason to believe that he would now be of
interest to the authorities of Sri Lanka. The State party notes the author’s claims that he was
beaten by the Criminal Investigation Department while allegedly detained in 2009 and 2010,
but notes that in his communication the author does not provide any further details on the
nature of the alleged ill-treatment. It notes that the Refugee Protection Division determined,
based on discrepancies in the author’s account of events, that all incidents alleged by him to
have occurred after he left the internally displaced persons camp in January 2010 were
lacking in credibility. It notes that the author may have been briefly detained by the
Criminal Investigation Department while in such a camp, but argues that the Department
did not appear to have an individualized interest in him and that, if any of these alleged
arbitrary detentions actually happened, then on the facts as alleged by the author the most
plausible explanation was that they were part of broad sweeps carried out in the north by
the Department to target Tamil individuals, and young male Tamils in particular, in the
tumultuous period at the end of the civil war in 2009 and early in 2010.
4.8
The State party submits that the author’s personal profile of a young Tamil male
with scars on his body who is returning to the country after unsuccessfully claiming asylum
abroad would not lead the authorities of Sri Lanka to form suspicions that he has links to
LTTE. The State party notes that the author’s scars are accidental injuries to his upper chest
and arm incurred during a shelling attack and that the scars have no connections to the
alleged incidents of detention and mistreatment by State authorities. It notes that country
reports do not support the author’s contention that these characteristics would draw the
scrutiny of the authorities of Sri Lanka upon his return. These reports suggest that someone
must be on a “stop” or “watch” list to attract special scrutiny from the State authorities.
Since the author has not provided any reason to believe that he would be on such a list, the
State party submits that he would be able to return to Sri Lanka without any special scrutiny.
4.9
With respect to the alleged incident by the local Eelam People’s Democratic Party
paramilitary forces in Nelliady, the State party notes that the domestic authorities concluded
that the author’s account in this regard was not credible. It further argues that there is no
indication that the Criminal Investigation Department or other State authorities were
involved in the alleged incident.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
On 23 April 2014, the author submitted his comments on the State party’s
observations. He maintains that the communication is admissible. He notes that, at the time
of his submission of the communication before the Committee, he was not eligible to
submit a pre-removal risk assessment application or an application on humanitarian and
compassionate grounds. He had consequently exhausted all available domestic remedies.
He further notes that he applied for a pre-removal risk assessment on 4 March 2014. As
concerns the merits of the communication, the author refers to his initial complaint of 20
July 2013.
concluded that the current categories of persons in real risk of persecution or serious harm on return
to Sri Lanka, whether in detention or otherwise, were individuals who were, or were perceived to be,
a threat to the integrity of Sri Lanka as a single State because they had, or were perceived to have, a
significant role in relation to post-conflict Tamil separatism within the diaspora and/or a renewal of
hostilities in Sri Lanka. The State party also refers to the Human Rights Watch World Report 2013, in
which it is stated that Tamils with alleged links to LTTE were increasingly at risk of arbitrary arrests
and torture.
6