CAT/C/20/D/94/1997 page 3 2.2 On 13 September 1995, the author fled to Kilinochi, further south, a town controlled by the Tigers. In autumn 1996, when the Sri Lanka army approached the town, the author fled to Colombo since he had been informed by his parents that the army had come to their house on three occasions to look for him. On 5 September 1996, he flew to Rome. 2.3 The author arrived in Switzerland on 10 September 1996. On 30 October 1996, the Office fédéral des réfugiés (ODR) rejected his application for recognition as a refugee. The Commission suisse de recours en matière d'asile (CRA) rejected the author's appeal on 22 January 1997. The author was ordered to leave Switzerland before 28 February 1997. 2.4 On 31 July 1997, the author through his attorney requested the CRA to review its decision, arguing that the fact that the Sri Lanka army had searched for him had been overlooked. On 8 August 1997, the CRA rejected the application as out of time. 2.5 At the end of July, beginning of August 1997, the author received a letter from his father, dated 10 July 1997, in which he warned him not to come home because the security forces were looking for him. The author presented the letter with an application to the ODR on 5 September 1997, after having had it translated. On 10 September 1997, the ODR rejected the author's application, considering the letter one of convenience. The author appealed against this decision, but in a letter of 13 October 1997 he was informed by a judge of the CRA that he considered the appeal as devoid of any chance of success; consequently, no suspensive effect was given to the appeal and the author was requested to pay SF 900 if he wanted the ODR to consider his case. The author, in a letter of 29 October 1997, explained to the judge that he did not consider the appeal to be an effective remedy, since it had no chance of success. He further considered the requirement to pay SF 900 excessive and constituting a deterrent, since he had no income whatsoever. The author recalls that the Committee's rules of procedure state that a remedy need not be exhausted where it is unlikely to bring effective relief to the alleged victim. The complaint 3.1 It is argued that the rejection of the author's application as out of time is in violation with article 3 of the Convention, which constitutes an absolute prohibition on refoulement. He further argues that he only discovered on 29 July 1997, that the officers had overlooked the fact, so that his application should be considered in time, since it was submitted within three months of the discovery. 3.2 The author claims that he runs a serious danger of being detained and tortured in Sri Lanka by the security forces, should he be returned. It is submitted that the Sri Lanka army is known for its poor human rights record. State party's observations 4. On 18 November 1997, the Committee, acting through its Special Rapporteur for New Communications, transmitted the communication to the State party for comments and requested the State party not to expel the author while his communication was under consideration by the Committee.

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