Views under article 22, paragraph 7, of the Convention
1.1 The complainant is a Sri Lankan national of Tamil origin, born on 13 April
1979. He is currently in Switzerland, where he applied for asylum. His
application was turned down and he maintains that his expulsion to Sri Lanka
would constitute a violation by Switzerland of article 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He asked the Committee to deal with his case as a matter of
urgency, as he was facing imminent expulsion when he submitted his complaint.
He was represented by counsel until 9 April 2001.
1.2 On 21 February 2000, in accordance with article 22, paragraph 3, of the
Convention, the Committee transmitted the complaint to the State party. At the
same time, the Committee, acting in accordance with rule 108, paragraph 9, of
its rules of procedure, requested the State party not to expel the complainant to
Sri Lanka while his complaint was under consideration. On 23 May 2000, the
State party informed the Committee that steps had been taken to ensure that the
complainant was not sent back to Sri Lanka while his complaint was under
consideration by the Committee.
The facts as presented by the author
2.1 The complainant states that, like most Sri Lankans of Tamil origin, he was
forced to work from a very early age for the Liberation Tigers of Tamil Eelam
(LTTE) movement, particularly in building bunkers and putting up propaganda
posters. He says that he had to flee from Kilinochchi to Colombo because he
refused to be more active in the movement.
2.2 The complainant maintains that he was arrested several times by the
government authorities in Colombo and sometimes held for over a fortnight and
that he was tortured on the grounds of being a member of the Tamil Tigers. He
says that he was taken before the court on several occasions, the first time being
on 15 March 1997, before being released shortly afterwards. He adds that he
was arrested again on 3 January 1999 by the Colombo police and detained for a
month before being brought before the court again on 10 February 1999.
According to the complainant, the judge released him only on condition that he
report every Saturday to the office of the Criminal Investigation Department
(CID) in order to sign a register.
2.3 The complainant states that he fled Sri Lanka on 28 March 1999 with the
help of a trafficker. He adds that, as a result of his flight, a warrant was issued
for his arrest, with reference to which a document issued by the Colombo police