CAT/C/59/D/652/2015
the merits of the case, and that the complainant has sufficiently substantiated his claims for
the purposes of admissibility. As the Committee finds no obstacles to admissibility, it
declares the communication submitted under article 3 of the Convention admissible and
proceeds with its consideration of the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
9.2
In the present case, the issue before the Committee is whether the forced removal of
the complainant to Sri Lanka would constitute a violation of the State party’s obligation
under article 3 of the Convention not to expel or to return (“refouler”) a person to another
State where there are substantial grounds for believing that he or she would be in danger of
being subjected to torture.
9.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to Sri Lanka. In assessing that risk, the Committee must take into account all relevant
considerations, pursuant to article 3 (2) of the Convention, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. However, the
Committee recalls that the aim of the evaluation is to establish whether the individual
concerned would be personally at a foreseeable and real risk of being subjected to torture in
the country to which he or she would be returned. It follows that the existence of a pattern
of gross, flagrant or mass violations of human rights in a country does not as such constitute
sufficient reason for determining that a particular person would be in danger of being
subjected to torture on return to that country; additional grounds must be adduced to show
that the individual concerned would be personally at risk. Conversely, the absence of a
consistent pattern of flagrant violations of human rights does not mean that a person might
not be subjected to torture in his or her specific circumstances.8
9.4
The Committee recalls its general comment No. 1 (1997) on the implementation of
article 3 of the Convention, according to which the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion. While the risk does not have to meet the
test of being highly probable (para. 6), the Committee recalls that the burden of proof
generally falls on the complainant, who must present an arguable case that he or she faces a
foreseeable, real and personal risk.9 Although, under the terms of its general comment No. 1,
the Committee is free to assess the facts on the basis of the full set of circumstances in
every case, considerable weight is given to the findings of fact that are made by organs of
the State party concerned (para. 9).10
9.5
The Committee notes the complainant’s claim that his forcible removal to Sri Lanka
would amount to a violation of his rights under article 3 of the Convention, as he would be
exposed to a risk of being detained and tortured by the Sri Lankan authorities owing to his
condition as a Tamil person from the Eastern Province of Sri Lanka; his perceived links
with LTTE, for which he was allegedly detained and tortured in the past; his incident with a
member of Tamil Makkal Viduthalai Pullikal; and his status as a failed asylum seeker. In
particular, he claimed that while in detention between 1993 and 1994 in Sri Lanka, he was
forced to sign a confession of involvement with LTTE, which he fears might be used
against him again.
8
9
10
8
See, for example, communication No. 550/2013, S.K. and others v. Sweden, decision adopted on 8
May 2015, para. 7.3.
See also A.R. v. Netherlands, para. 7.3.
See, for example, communication No. 356/2008, N.S. v. Switzerland, decision adopted on 6 May 2010,
para. 7.3.