CAT/C/63/D/618/2014
claims that he will possibly be held in remand longer than most returnees as his passport
may be used as evidence in a people smuggling case. In this regard, he mentions the case of
his two cousins who have been granted a protection visa by Australia because they were
considered to be in danger of torture and/or cruel or inhuman treatment as they were
suspected in Sri Lanka of being involved in organizing the two boats on which they came to
Australia.4
3.4
Moreover, the complainant refers to the treatment of his uncle, Nihal Pieris, who
informed the complainant on 26 September 2013 that, upon voluntary return to Sri Lanka,
he was interrogated for 16 hours and verbally and physically threatened at Colombo Airport
by members of the Criminal Investigation Department of the Sri Lankan Police. He was
charged, inter alia, with people smuggling and leaving the country illegally, then taken to
Negombo Prison and released around 20 May 2014. The complainant argues that there is a
very high probability that he would be subjected to the same treatment as his uncle due to
the fact that he is a member of the same fishing family, that he was involved in the
organization of the smuggling boat trip and that he may be suspected of participating in the
same people smuggling organization.
3.5
The complainant recalls that torture and ill-treatment have been widespread and
persistent in Sri Lanka, as well as abductions, disappearances and the use of secret
detention centres. He refers to various background documents and reports depicting the
situation in Sri Lanka, including the Committee’s 2011 concluding observations
(CAT/C/LKA/CO/3-4).5
Further submissions by the complainant
4.1
On 12 August 2014, the complainant presented a further submission, requesting that
the Committee review its decision not to ask Australia for interim measures to suspend his
return to Sri Lanka.
4.2
As regards the complainant’s political activities in Sri Lanka, the complainant
submits that he had been attending United National Party meetings from 2006 and became
more politically active in promoting and campaigning for the party from 2009 onwards. In
November and December 2009, he was involved in distributing election materials in
support of the presidential candidate Sarath Fonseka. In particular, he assisted in decorating
the roadside for rallies and attended meetings in support of the presidential candidate.
During the Presidential election, he did not experience any problems since there was
campaign security.
4.3
In March 2010, he participated as a member of the United National Party youth
league, which was composed of between 15 and 20 members. Subsequently, he was
involved in campaigning on behalf of Niroshan Perera for the Puttalam district
parliamentary elections in April 2010, distributing posters, finding locations to hold rallies
and meetings, and campaigning from house to house.
4.4
The United National Party remained in opposition after the election, although Mr.
Perera was successful in his campaign. The author explains that after the end of the
campaign, thugs from the successful United People’s Freedom Alliance exerted reprisals
against active opposition campaigners. His involvement in Mr. Perera’s campaign and his
support for the United National Party therefore made him a target and he was subject to
political intimidation.
4
5
4
The records of the Refugee Review Tribunal decision concerning the complainant’s two cousins are
attached to the submission. Decision CLF2012/227526 is related to the case of Amith Sajantha
Thammhecti Pieris and decision CLF2012/220047 is related to the case of Asith Nelanka
Thammhecti Pieris.
The complainant also refers, for example, to a press article entitled “A disappearance every five days
in post-war Sri Lanka”, published on 31 August 2012 in Sri Lanka Brief; and the decision reached in
the United Kingdom of Great Britain and Northern Ireland by the Upper Tribunal of the Immigration
and Asylum Chamber in the matter of GJ and Others (post-civil war: returnees) Sri Lanka CG v.
Secretary of State for the Home Department, dated 15 March and 19 April 2013.