CCPR/C/114/D/2280/2013 Facts as presented by the author 2.1 The author is of Tamil ethnicity and professes the Hindu faith. He lived with his family in the city of Jaffna, in the Northern Province of Sri Lanka, until 1995, when they moved to the town of Mallavi, Vanni district, also in the Northern Province. He used to work as a tractor driver and mason. In August 2006, the author and his family moved to Sithamparapuram, Vavuniya, after repeated harassment and threats from members of the Liberation Tigers of Tamil Eelam (LTTE), who wanted to recruit him. The author claims, however, that in that new location he was continuously harassed by the Sri Lankan Army and the People’s Liberation Organization of Tamil Eelam (PLOTE) during their search operations, and that PLOTE forced him to work as a mason for free. 2.2 The author argues that on 7 May 2008, he was arrested by the Army on his way home from work. He claims that he was taken to the military Joseph Camp in Vavuniya, where he was held for 18 days; that he was tortured during interrogation under the suspicion that he was an LTTE member; and that he was released only after his father had paid a bribe to the Army. Since the author refused to work for PLOTE, on 23 January 2009 it abducted him for two days, during which he was assaulted and threatened. In June 2009, members of PLOTE approached the Army and falsely denounced the author as an LTTE member. Subsequently he was arrested by the Army and kept in detention for four days, during which he was interrogated and beaten. His father managed to secure his release by paying a bribe to someone who could influence PLOTE. 2.3 The author claims that, since he continued to be harassed by members of PLOTE and forced to work for free, he made a verbal complaint to the police about them. In reprisal, PLOTE managed to convince the Army to arrest him on 1 December 2009. He was taken to the Joseph Camp, brutally beaten and detained for one week. Once again, his father paid a bribe in order to secure his release. Upon release, the author was told to leave the area and withdraw his complaint. In addition, members of PLOTE visited his family home and his neighbours in Vavuniya, searching for him, and told his family that they would kill him. 2.4 As he had applied for and obtained a Sri Lankan passport, on 22 December 2009 the author left Sri Lanka by plane, with a Cuban visa. He claims that a smuggler bribed one of the airport agents, who let the author pass through the security checks without inspection. He went through different countries and on 23 March 2010, he entered the United States of America, where he applied for asylum. 2.5 The author decided to travel to Canada where he had cousins who could support him financially. On 9 June 2010, he entered the State party and lodged a refugee application. On 30 July 2010, he submitted his Personal Information Form to the Immigration and Refugee Board (IRB). The author claimed that he had a well-founded fear of persecution in Sri Lanka due to his Tamil ethnicity, and that if he returned there he would risk being subjected to torture or other cruel, inhuman or degrading treatment and his life would be at risk. He pointed out that he had been arbitrarily arrested by the Sri Lankan Army under suspicion of being an LTTE member and subjected to torture while in detention. Likewise, he had been harassed, abducted for two days and had suffered ill-treatment by members of PLOTE. 2.6 On 22 September 2011, the author informed IRB that after his arrival in the State party, he had learned that his family had moved to Jaffna to avoid harassment by members of PLOTE, who had attempted to kidnap one of his brothers and continued to search for him. In Jaffna, his family had been interrogated by the Army under suspicion of being LTTE members, since they had resided in the Vanni area during the period of the armed conflict. During the refugee proceedings he also submitted documentation confirming his identity, newspaper articles about Tamils deported to Sri Lanka, and a letter dated 18 August 2011, issued by a doctor from a medical clinic in Vavuniya, stating that he had 3

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