CAT/C/68/D/855/2017 detention can in and of itself constitute inhumane treatment, 1 and further asserts that he is at a heightened risk of being subjected to torture either as an instrument of interrogation or as ordered by Dahanayake. He submits that assaults against detainees are not only routine, but also standardized in Sri Lanka. 3.2 The complainant also claims a risk of harm as a failed asylum seeker. Because he was the only Sinhalese on the boat where 98 other Tamils were on board, the Sri Lankan authorities would suspect him of having aided sympathizers of the Liberation Tigers of Tamil Eelam to flee the country. 3.3 The complainant also brings several claims concerning the second hearing and decision of the Refugee Review Tribunal. First, he contends that the Tribunal erred in dismissing his concern about confidentiality, although he did not trust that the Australian authorities would not reveal to Sri Lankan authorities information damaging to him. When asked about this matter by the Tribunal, he could not answer, as he believed that doing so would be an act of defiance. Second, the Tribunal failed to consider other possible motivations of the United People’s Freedom Alliance, such as revenge, for their harassment of the complainant. Lastly, the Tribunal erred in finding that Bandu, being a politically influential figure in the Alliance, could protect the complainant. Although the Tribunal referred to a 2013 report of the Asian Human Rights Commission indicating that Bandu had assaulted people with impunity to find that he was influential enough to avoid accountability, the complainant argues that this rather suggests that Bandu’s standing in the Alliance was weakening and that he had become vulnerable to such accusations concocted by a more powerful member of the Alliance. The Tribunal also erred in rejecting his application based on his political inactivity in Australia, as this reasoning does not take into account the fact that the Alliance’s will to harm him does not depend on his current political activity, but rather on his connection and past political association with his uncle. State party’s observations on admissibility and the merits 4.1 On 30 May 2018, the State party submitted its observations on the admissibility and merits of the communication, stating that the complainant’s claims are inadmissible ratione materiae and as manifestly unfounded. However, should the Committee consider the complainant’s allegations admissible, they should be dismissed as being without merit. 4.2 The State party contends that a number of the complainant’s claims regarding the risk of harm upon his return to Sri Lanka do not amount to torture within the meaning of article 3 of the Convention. His allegations that he would be targeted by the United People’s Freedom Alliance through harassment, court proceedings and a political campaign to damage his uncle are inadmissible ratione materiae, as the obligation of non-refoulement under article 3 of the Convention is confined to circumstances in which there are substantial grounds for believing that the returnee would be in danger of being subjected to torture. The State party further submits that the Committee has maintained a distinction between torture and treatment that does not meet that threshold, including cruel, inhuman or degrading treatment or punishment, for the purposes of determining whether article 3 is engaged. It therefore considers that the complainant’s claims regarding the court action allegedly instituted against him and attempts to undermine the political career of his uncle do not meet this threshold and therefore do not engage its non-refoulement obligations under article 3. 4.3 The State party also submits that the complainant’s claims are inadmissible for being manifestly unfounded under rule 113, subparagraph (b), of the Committee’s rules of procedure, as he has failed to establish a prima facie case for the purpose of admissibility. His claims have been thoroughly considered in a series of domestic proceedings and found not to engage the State party’s non-refoulement obligations under the Convention or under the International Covenant on Civil and Political Rights. Robust domestic processes have considered the claims and determined that they are not credible. Furthermore, the complainant has not provided any new information in his communication to the Committee. The State party refers to paragraph 9 of the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the Convention in the context of article 22, in which the 1 See International Truth and Justice Project Sri Lanka, “Unstopped: 2016/17 Torture in Sri Lanka” (July 2017). 3

Select target paragraph3