2.5In September 1996, the complainant was again arrested by the CID, after a bomb attack on a train in Dehiwala, Colombo, and after weapons and explosives had been found next to the house of his relatives and co-suspects, J.S. and K.S. During detention, where he was allegedly beaten, forced to exhibit his genitals and given poor food, the complainant was twice visited by delegates of the International Committee of the Red Cross (9 and 19 September 1996). When the police arrested the real perpetrator of the bomb blast, he was released after 22 days’ detention, together with Mr. and Ms. Selvarasa, after his mother had paid a bribe of 45,000 rupees. He was told to leave Colombo within one month. 2.6On 29 October 1996, the complainant left Sri Lanka using a false passport. He arrived in Switzerland on 30 October 1996, where he applied for asylum the same day. After two hearings by the Federal Office for Refugees (BFF) on 14 November 1996 and 6 March 1997, and one hearing by the immigration police in Zug on 9 December 1996, the Federal Office rejected his asylum application by decision of 23 October 1998, at the same time ordering his deportation to Sri Lanka. While considering documents submitted by the complainant as evidenceb as being authentic, the BFF observed that several contradictions in his statements undermined his credibility. In particular, while he had told the immigration police in Zug that the ICRC delegates had visited him during his second detention in Colombo, he stated during his second hearing by the BFF that he had received these visits during his third and final detention in Colombo. This incoherence, which he could not explain, raised doubts as to whether he had actually been detained three times in Colombo. His statement during the second BFF hearing that he had left Colombo only 12 days after his final release from detention was considered unrealistic, thereby further undermining his credibility. Moreover, the fact that the complainant had been acquitted by a Sri Lankan court and released from police detention several times indicated that he was at no real risk of persecution. The instances of torture alleged by him could not be attributed to the Sri Lankan Government, which had made considerable efforts to improve the domestic human rights situation, but constituted abuses of authority by individual policemen. The medical problems claimed by the complainant (problems to urinate, stomach ache, loss of memory) had not affected his ability to travel. 2.7On 24 November 1998, the complainant appealed the decision of the BFF to the Swiss Asylum Review Commission (Asylrekurskommission), arguing that the apparent contradictions about the timing of the ICRC visits resulted from a misunderstanding, since he had referred to his second arrest by the CID rather than his second detention in Colombo during his second BFF hearing. As to the short time for organizing his departure from Colombo, he claimed that this journey had been planned by his mother and uncle well before his final release from detention, after they had come to the conclusion that he was no longer safe in Sri Lanka. Furthermore, the complainant denied that acts of torture by individual members of the police could not be attributed to the Government and that the human rights situation had considerably improved in Sri Lanka. The fact that he had been arrested and tortured subsequent to his acquittal by court only showed that the acquittal did not protect him from being arrested and tortured. 2.8Subsequently, the complainant submitted two medical reports, one dated 7 December 1998, stating that his genitals displayed four burns likely to have been caused by cigarettes, and one psychiatric report dated 17 January 1999, confirming that he displayed clear symptoms of post-traumatic stress disorder. By submission of 29 January 1999, the BFF challenged the lack of transparency, scientific accuracy, plausibility and impartiality of the psychiatric report. 2.9By judgement of 18 September 2000, the Asylum Review Commission dismissed the appeal, essentially based on the same contradictions already highlighted by the BFF. In addition, the Commission expressed doubts about the complainant’s identity, since his brother had previously applied for asylum in Switzerland under the same name and because the complainant had given different dates of birth on different occasions. The Commission also excluded the possibility that, during his second hearing by the BFF, the complainant referred to his final detention when he mentioned a 7-day (instead of a 22-day) detention in connection with the visits of the ICRC delegates. Moreover, his claim that he voluntarily went to the CID when his mother informed him that he was a suspect in the Dehiwala bomb blast was not credible, assuming that he had been tortured by CID officers during previous detention. As to the medical evidence submitted by the complainant, the Commission, while conceding that the burns diagnosed in the medical report could have been caused by cigarettes, considered it unlikely that these injuries had been inflicted under the circumstances alleged by the complainant, based on the fact that he had clearly exaggerated the quantity of burns before the immigration police. Similarly, the Commission noted that the psychiatric report was submitted at a late stage of the proceedings, and considered it inconclusive on the question of whether the complainant had been tortured. While not excluding that the complainant could be arrested and beaten by the police upon return to Sri Lanka, the Commission concluded that no concrete risk of torture existed, as the Sri Lankan authorities could be reasonably expected to punish such incidents. It also considered the medical treatment available in Sri Lanka sufficient for the complainant’s needs and confirmed the decision as well as the deportation order issued by the BFF. 2.10On 23 July 2001, the complainant was arrested and detained by the immigration police in Zug, after he had tried to evade his expulsion scheduled for 24 January 2001 by going into hiding. The complaint 3.1The complainant claims that his forcible return to Sri Lanka would constitute a violation by the State party of article 3 of the Convention, since he would face a high risk of torture if he were deported to that country, as a young single male Tamil who had previously been arrested and tortured several times as a suspected LTTE activist. 3.2The complainant submits that Sri Lankan security forces carry out daily raids against Tamils, who can be arrested for up to 18 months, under the Prevention of Terrorism Act (PTA), without an arrest warrant and without being informed of the charges against them. Under the Emergency Regulations (ER) supplementing the PTA, this period may repeatedly be prolonged for 90 days by a judicial commission whose decisions are not subject to appeal. During this time, detainees are frequently interrogated about their contacts with the LTTE and are often subjected to torture, ill-treatment or even extrajudicial execution. 3.3By reference to several reports on the human rights situation in Sri Lanka,c the complainant submits that the risk of torture for Tamils has not diminished significantly over the past years.