CEDH · PRESS;GENERAL;ENG — 7 mars 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sC052AE2B { width:6pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sB70F9E4 { width:1.1pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s94407937 { width:17.3pt; display:inline-block } .s50C1C01D { width:8.9pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     162   7.3.2000   Press release issued by the Registrar   HEARING IN THE CASE OF T.I. v. THE UNITED KINGDOM   Tuesday 7 March 2000, at 9 a.m.   The applicant   The case concerns an application brought by T.I, a Sri Lankan national, born in 1969 and currently held in Campsfield House Detention Centre in the United Kingdom.   Summary of the facts   The applicant lived in Jaffna until May 1995. This area was, and is, controlled by the LTTE, a Tamil organisation, engaged in an armed struggle for independence.   From 1993 until April 1995, the applicant claims that he was forced to work for the LTTE, finally being imprisoned for three months in an LTTE settlement. In April 1995, he escaped and went to Colombo. On 5 May 1995, the applicant was arrested by the Sri Lankan army. He was held in detention until 20 September 1995 and questioned regularly about his links with the LTTE. During that time, he was tortured and ill-treated by the soldiers, including being beaten with an S-LON pipe (a plastic pipe filled with cement). Following his release, he was picked up twice by the ENDLF, a pro-Government Tamil group, and taken to their camp for questioning about his involvement with the LTTE. He was beaten on both occasions.   Following the explosion of an oil tanker near his home, the applicant was arrested on 23 October 1995 and taken to the police station for questioning. He was beaten by truncheons and a heated iron rod was pressed against his arm.   Shortly after his release, the applicant left Sri Lanka. He arrived in Germany on 10 February 1996. He claimed asylum on 13 February 1996. His application was refused on 26 April 1996 by the Federal Office for the Recognition of Foreign Refugees. His appeal to the Bavarian Administrative Court, Regensburg, was rejected on 21 April 1997. On 16 September 1997, the applicant left Germany and eventually arrived in the United Kingdom on 19 September 1997. On 20 September 1997, he claimed asylum.   On 15 January 1998, the United Kingdom Government requested that Germany accept responsibility for the applicant's asylum request pursuant to the Dublin Convention. On 26   January 1998, Germany agreed. On 28 January 1998, the Secretary of State directed the applicant’s removal to Germany, refusing to examine the merits of the applicant's asylum claim.   On 19 March 1998, Mr Justice Jowitt refused the applicant’s application for leave to apply for judicial review. On 10 June 1998, the Court of Appeal rejected his renewed application. On 22 July 1998, the applicant's application for leave to petition the House of Lords was refused. On 19 August 1998, the Secretary of State informed the applicant that he was satisfied that Germany was a safe third country. Removal directions to Germany were issued.   Complaints   The applicant complains principally under Article 3 of the European Convention on Human Rights that he will be tortured and ill-treated if he returns to Sri Lanka. He claims that the United Kingdom cannot send him back to Germany, since the authorities there have already rejected his claims and will not have regard to his evidence of ill-treatment, or properly apply the European Convention on Human Rights, or the Geneva Convention concerning refugee status. He would therefore be at a real and immediate risk of expulsion to Sri Lanka.   He also complains that he has no effective remedy available to him in respect of this risk contrary to Article 13 of the Convention.   Procedure   The application was lodged with the European Commission of Human Rights on 28   September 1998. It was transferred to the Court on 1 November 1998. On 30 November 1999, a chamber of the Third Section decided to invite the applicant and the United Kingdom Government to make submissions at an oral hearing. It also invited the German Government to participate in the proceedings.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President, Nicolas Bratza (British), Loukis Loucaides (Cypriot), Pranas Kūris (Lituanian) Françoise Tulkens (Belgian), Karel Jungwiert (Czech), Hanne Sophie Greve (Norwegian), Judges, Willi Fuhrmann (Austrian), Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), Substitute Judges,   and also Sally Dollé , Section Registrar .   Representatives of the parties   United Kingdom Government:   Martin Eaton , Agent , David Pannick , Neil Garnham , Lisa Giovannetti , Counsel , Stephen Parker ,           Kerry Giles , Ian Taylor and James Sanford .   German Government:     Kay Hailbronner , Cornelia Rogall-Grothe ,           Volker Bartholdy and Matthias Henning .   Applicant:           Richard Plender , Counsel , Richard Scannel ,           Ursula Miszkiel , Kulsum Kapadia , Navtej Singh Ahluwalia and Nuala Mole .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.