CCPR/C/118/D/2412/2014
to the Committee all information at their disposal.14 In the absence of a reply from the State
party, due weight must be given to the author’s allegations, to the extent that they are
substantiated.
Issues and proceedings before the Committee
Consideration of admissibility
5.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
5.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
5.3
The Committee takes note of the author’s allegations that the State party violated his
rights under article 14 (1) and (2) of the Covenant, since his detention was based on false
information, and that the courts failed to act independently and impartially. The Committee,
however, observes that the author has failed to explain the reasons why he considers that
the courts lacked independence and impartiality in the particular circumstances of his case.
Likewise, the author has failed to explain how his right to be presumed innocent was
violated by the authorities of the State party. Accordingly, the Committee considers that the
author has failed to sufficiently substantiate his claims of violation of article 14 (1) and (2)
of the Covenant and that those allegations are therefore inadmissible under article 2 of the
Optional Protocol.
5.4
The Committee takes note of the author’s allegations that there were no available
domestic remedies for him to exhaust at the time his rights were violated and that those that
currently exist are to be considered non-effective (see paras. 2.16 and 2.17 above). He
claims that although there are some domestic remedies available in Sri Lanka, such as the
fundamental right of an application to the Supreme Court against the State and/or particular
State officials, in a context of impunity of human rights violations and the lack of
independence of the judiciary, as stated in reports by international organizations and wellknown non-governmental organizations, they had and have no reasonable prospect of
success, as illustrated by cases with similar facts that have been brought before the Sri
Lankan courts. Against that background, the author submits that, in practice, those remedies
are not effective. In the light of all the information made available to the Committee and in
the absence of the State party’s observations refuting the author’s assertions, the Committee
considers that there are no obstacles to the admissibility of the communication under article
5 (2) (b) of the Optional Protocol.
5.5
As all admissibility requirements have been met, the Committee declares the
communication admissible insofar as it raises issues under articles 7, 9, 10 and 14 (3) (g) of
the Covenant and proceeds with its consideration of the merits.
Consideration of the merits
6.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, as required under article 5 (1) of the
Optional Protocol.
6.2
The Committee takes note of the author’s allegations that he was subjected to severe
ill-treatment and threats by State agents while in detention and that he was forced to sign a
14
See also CCPR/C/LKA/CO/5, para. 6.
9