CAT/C/32/D/182/2001
Page 7
It therefore considers that the communication is admissible and proceeds to its
examination on the merits of the case.
6.2
The Committee must decide whether the forced return of the complainant to
Sri Lanka would violate the State party's obligation, under article 3, paragraph 1, of
the Convention, not to expel or return (refouler) an individual to another State where
there are substantial grounds for believing that he would be in danger of being
subjected to torture. In reaching its conclusion, the Committee must take into account
all relevant considerations, including the existence, in the State concerned, of a
consistent pattern of gross, flagrant or mass violations of human rights (article 3,
paragraph 2, of the Convention).
6.3
The Committee notes from recent reports on the human rights situation in Sri
Lanka that, although efforts have been made to eradicate torture, instances of torture
continue to be reported, and complaints of torture are often not dealt with effectively
by the police, judicial officers and doctors. However, the Committee equally notes the
conclusion of a formal cease-fire agreement between the Government and the LTTE
in February 2002. While recent political developments and changes in Government
may have created impediments to the effective pursuit of the ongoing peace process, it
remains that the process itself has not been abandoned. The Committee further recalls
that, after conducting its inquiry on Sri Lanka under article 20 of the Convention, it
concluded that the practice of torture was not systematic in the State party.4 The
Committee finally notes that a large number of Tamil refugees have returned to Sri
Lanka in recent years.
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 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
4
Report A/57/44, Chapter IV.B, at para. 181.