CAT/C/32/D/182/2001 Page 4 Pettah police station from 31 January to 22 February 1996 and his departure from Sri Lanka on 22 August 1997; and (c) the absence of a sufficiently substantiated risk of torture upon return to Sri Lanka, where the complainant would be able to resettle in areas not affected by the hostilities between the parties to the conflict. 2.7 On 30 November 1998, the complainant lodged an appeal with the Swiss Asylum Review Commission (ARK) and subsequently submitted two medical reports, dated 6 January and 5 September 1999, confirming that he suffers from post-traumatic stress disorder. By submission of 10 October 1999, the BFF maintained its position, arguing that the complainant could receive adequate therapeutic treatment at the Family Rehabilitation Centre in Colombo or at one of its 12 branch offices in Sri Lanka. Moreover, it noted a contradiction between the medical report of 6 January 1999, which referred to the complainant having been detained for 14 days in Colombo prior to his arrest on 31 January 1996, and the complainant’s failure to raise this point during the interviews. 2.8 On 30 November 2000, the ARK dismissed the complainant’s appeal. It endorsed the findings of the BFF and added the following grounds: (a) that none of the complainant’s alleged arrests resulted in criminal proceedings against him, for collaboration with the LTTE; (b) that the fact that the complainant was twice detained in Colombo was irrelevant for his asylum application; (c) that, even if the complainant suffered from post-traumatic stress disorder, he had failed to substantiate that this was the result of persecution by the Sri Lankan authorities; (d) that the complainant had failed to submit reliable documents to prove his identity; and (e) that the complainant’s deportation to Sri Lanka would not constitute an unreasonable hardship, in the absence of sufficient grounds for believing that he would be subjected to torture, and given that his family continued to live in the northern Province (Tellipalai) and that adequate treatment for his post-traumatic stress disorder would be available in Sri Lanka. 2.9 The BFF thereafter set a new deadline for the complainant to leave Switzerland by 5 February 2001. The complaint: 3.1 The complainant claims that his forcible return to Sri Lanka would constitute a violation by Switzerland of article 3 of the Convention, since there are substantial grounds for believing that, as a young Tamil who was repeatedly arrested and interrogated by the authorities and militia groups, and whose brother was known to be an LTTE member, he would be subjected to torture upon return to Sri Lanka. 3.2 He submits that the Sri Lankan security forces carry out daily raids and street inspections 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 extra-judicial execution.

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