CAT/C/51/D/387/2009
confirmed that the above information was not presented to the Australian immigration
authorities.
7.2
On 27 April 2012, the complainant submitted a report from the Edmund Rice Centre
(ERC)17 on its investigations in Sri Lanka with regard to the complainant’s situation, which
included discussions with human rights lawyers, senior opposition, political figures, trade
union officials and others. The report substantiates the credibility of the complainant’s
account that he would face a very significant risk of torture at the hands of Government
actors, including Mr. L.A. or persons affiliated with the Government through the trade
union of the government party. The Chief Opposition Whip in the Sri Lankan Parliament
(see para. 5.7 above) with whom the NGO team met stated that the Government is
persistent in hunting down political opponents and that after an election, the party which
comes to power harasses opposition supporters to punish them for supporting their political
opponents. A discussion with senior JSS representatives confirmed that the wounds noted
on the complainant’s body at the time were the result of an assault with a cable and other
forms of humiliation aimed at forcing him to worship the President. The complainant’s
complaint was being investigated by the UNP Political Revenge Committee. According to
the ERC report, there is an additional risk for the complainant, linked to his status as failed
asylum seeker who could be suspected of having links with the LTTE.
7.3
Given that the State party is in contact with the Sri Lankan authorities in its fight to
halt the smuggling of asylum seekers, the complainant is concerned that the information he
provided to the Australian Government may have been provided to the Sri Lankan
authorities following his disclosure in May 2006. If the State party returns the complainant
to Sri Lanka he will be questioned upon arrival at the international airport by the
authorities, including the Criminal Investigation Department (CID), who might take him
into custody and interrogate him. Sri Lankan authorities routinely use torture, including on
returned asylum seekers following their arrival at the international airport, as evidenced by
a number of reports by NGOs, including Human Rights Watch.18 Building on individual
accounts from failed asylum seekers who had been imprisoned and tortured after returning
to Sri Lanka from Australia, ERC concludes that the complainant is likely to face similar
risks of torture. The torture allegedly practiced by CID Colombo includes blunt trauma,
burning (with molten metal), suspension, sexual assault, rape and mock execution.19 The
complainant is at a heightened risk of torture during interrogation as a returning asylum
seeker because he actually had connections with the LTTE before and after leaving Sri
Lanka.
7.4
Due to his severe mental illnesses, the complainant is more likely to have difficulties
in an interrogation with authorities such as the CID, as set out in the report from the Service
for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS).20 His
history of trauma will make him vulnerable to the aggressive suspicions of a very
unprofessional police force.21
7.5
On 14 November 2012, the complainant submitted additional clarification relating to
the admissibility of the communication. He considers that the Committee should admit the
17
18
19
20
21
The Edmund Rice Centre is involved in a range of projects and activities across the four areas of its
operation in research, community education, advocacy and networking (see http://www.erc.org.au/).
See Human Rights Watch, “UK: Halt Deportations of Tamils to Sri Lanka – Credible Allegations of
Arrest and Torture upon Return”, 25 February 2012.
See Freedom from Torture, “Freedom from Torture submission to the Committee against Torture for
its follow-up to the concluding observations from its examination of Sri Lanka in November 2011”.
Report attached to the complainant’s further submission to the Committee of 27 April 2012.
The complainant quotes report from Edmund Rice Centre, (p. 3, para. 13) (see above).
13