CAT/C/35/D/242/2003
Page 4
The Rapporteur indicated that this request could be reviewed in the light of new
arguments presented by the State party. The State party acceded to this request.
1.3
On 12 February 2004, the State party challenged the admissibility of the
communication and requested the Committee to withdraw its request for interim
measures, pursuant to Rule 108, paragraph 7, of the Committee’s rules of procedure.
On 2 April 2004, the complainant objected to the State party’s motion for withdrawal
of interim measures. On 30 June 2004, the Secretariat informed the State party that
the admissibility of the communication would be examined separately from its merits.
The facts as submitted by the complainant:
2.1
The complainant claims that he joined the LTTE (Liberation Tigers of Tamil
Eelam) in 1992 and participated in armed combat. On 1 April 1994, the LTTE sent
him to Colombo without giving reasons. On 20 October 1995, the police arrested him
during an identity control in connection with an LTTE attempt, but released him after
three days upon payment of a bribe by the LTTE.
2.2
On 12 May 1996, the complainant entered Germany where he unsuccessfully
applied for asylum. On return to Sri Lanka on 21 November 1997, he was arrested by
the Criminal Investigation Department (CID), but was released after paying a bribe.
On 3 February 1998, the complainant was arrested as LTTE suspect by the CID under
the Prevention of Terrorism Act. He was detained for 25 days without access to a
judge. He was allegedly ill-treated during detention. Following his release, he was
required to report to the police on every Sunday for three months. On 11 June 1998,
he was again arrested on the suspicion of LTTE membership and was allegedly illtreated during detention. After 20 days, the Magistrate’s Court in Colombo acquitted
him and ordered his unconditional release.
2.3
The complainant then went to Singapore. On 25 January 2000, he was
returned and arrested by the CID on arrival at the airport. On 30 January, he was
released on bail and later acquitted by the Magistrate’s Court in Negombo. On 18
June 2000, the CID again arrested him for presumed LTTE contacts, allegedly
detained and ill- treated him, until he was acquitted and released by the Magistrate’s
Court in Colombo on 10 July 2000.
2.4
On 23 August 2000, the complainant made another unsuccessful asylum
application at Frankfurt Airport in Germany. Upon return to Sri Lanka on 16 October
2000, he was detained until the Magistrate’s Court in Negombo ordered his release on
bail. Subsequently, the police allegedly threatened his life on two occasions.
2.5
On 23 February 2001, the complainant applied for asylum at the Swiss
Embassy in Colombo. On 27 February 2001, he was invited for an int erview on 16
March 2001, which he did not attend. His application was therefore rejected on 11
May 2001.
2.6
Meanwhile, the complainant traveled to China. On 25 October 2001, he was
returned to Sri Lanka, after trying to leave Hong Kong for the United States on a false
passport. On arrival, he was asked about the reasons for his deportation and was