CAT/C/71/D/789/2016 detained by the police. He also submitted a medical note from a medical practitioner in Sri Lanka in which it was stated that the complainant had multiple contusions on his whole body following an assault on 3 June 2012. The Tribunal found that the complainant’s account was not entirely credible, as he had not grown up in an LTTE-controlled area as he had initially claimed. The Tribunal also found that the complainant had been arrested when he had attempted to leave Sri Lanka. Regarding the letter from the medical doctor, the Tribunal noted that it had been submitted to the Tribunal after a question regarding medical documentation had been raised by the Tribunal. 2.8 The Tribunal noted that, while the complainant had been detained in May 2012, the letter from the medical doctor was dated 23 January 2015. Moreover, the Tribunal noted that the letter did not support the complainant’s allegation that the ill-treatment to which he had been subjected included penetration with a stick. Given its concern about the overall credibility of the complainant’s account, the Tribunal was not satisfied that the complainant had been ill-treated while detained. The Tribunal found that, if the complainant were to be detained upon return to Sri Lanka due to the outstanding charge against him, his profile did not indicate that he would be singled out for ill-treatment by the authorities. Based on information available on the situation in the country, the most likely penalty for leaving Sri Lanka illegally would be a fine, unless the person was suspected of facilitating or organizing the smuggling of persons. The complainant’s application for judicial review of the decision was rejected by the Federal Circuit Court on 14 August 2015. That decision was upheld by the Federal Court on 2 September 2015. Complaint 3. The complainant claims that, if deported to Sri Lanka, he will be arrested for his illegal departure and, once the earlier charges against him are discovered, he will be kept in detention for an extended period of time. He claims that he risks being subjected to torture and illtreatment during his detention, as this is usual practice in Sri Lanka. State party’s observations on admissibility and the merits 4.1 The State party submitted its observations on the admissibility of the communication by a note verbale dated 6 February 2016. It submits that the communication is inadmissible ratione materiae and because it is manifestly unfounded. 4.2 The State party submits that the complainant has made a number of claims that are inadmissible ratione materiae. In particular, the State party refers to the complainant’s claims that he was subjected to cruel, inhuman or degrading treatment or punishment by the Criminal Investigations Department. The State party argues that article 3 of the Convention does not apply to these claims because they do not involve allegations that the complainant has been subjected to harm of such a degree as to fall within the definition of torture under article 1 of the Convention and that the complainant cannot therefore claim that he is the victim of a violation by the State party of the Convention. 4.3 If the Committee does not accept that the complainant’s claims are inadmissible ratione materiae, the State party also submits that the claims are manifestly unfounded. The State party notes that the complainant claims that he would risk detention and torture in Sri Lanka. The State party argues that the complainant does not offer any specific evidence in support of his claims and submits that they are therefore inadmissible because they are manifestly unfounded. 4.4 The State party further submits that the complainant’s claims have been thoroughly considered by several decision makers at the domestic level and have been found not to engage the State party’s non-refoulement obligations under the Convention. The complainant has not submitted any new claims or evidence in his submission to the Committee that have not already been considered by the domestic authorities. It further notes that the domestic authorities have found a number of the complainant’s claims to be not credible. 4.5 On 28 August 2017, the State party submitted its observations on the merits. It reiterates that the communication should be found inadmissible. Should the Committee consider the communication to be admissible, then the complainant’s claims are without merit. 3

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