Concerning Ms. M.S vs Denmark for violation of article 3 of CAT.

The complainant fears that if returned to Sri Lanka, she will be subjected to torture because of her affiliation with the Liberation Tigers of Tamil Eelam. She is a Tamil herself. Although she was never a Tamil Tiger, her nephew was a prominent Tamil Tiger militant. He was killed in 1999 and the complainant organized his funeral. The funeral was widely advertised. The complainant submits that in the past she has been arrested on several occasions by the police and beaten.

The complainant arrived in Denmark and sought asylum on 25 February 2009. The Immigration Service rejected her application and the Refugee Board upheld that decision on 19 May 2010, because they did not find the account of the events that led to her seeking asylum coherent and credible.
A complaint was sent to the Committee against Torture. The Committee noted that the State party had thoroughly evaluated all the evidence presented by the complainant and found it to lack credibility. The Committee further noted that, even if it were to accept the claim that the complainant was subjected to torture in the past, the question is whether she currently runs a risk of torture if returned to Sri Lanka. It does not necessarily follow that, several years after the alleged events occurred, she would still currently be at risk of being subjected to torture. Thus the Committee concluded that the complainant’s deportation would not breach article 3 of CAT.