CCPR/C/116/D/2347/2014
Committee does not contain any new background material or details about the author’s
social background that would provide the Board with a basis for making a different
assessment of the case than the one made in its decision of 23 November 2010.
4.10 The State party observes that the Refugee Appeals Board refused to reopen the
author’s asylum proceedings on 14 March 2011 since no substantial new information had
been submitted. In support of his request to reopen the case, the author submitted before the
Board a letter signed by the mayor of the author’s home town. In the letter, the mayor stated
that he was aware of the murder of the author’s father and of the fact that the perpetrators
had not yet been apprehended. He also stated that he had been contacted by the
investigation unit of the police regarding the author’s affiliation with the Tamil Tigers. He
concluded that the author would be in danger of being killed or arrested if returned. The
author also referred to the fact that the girlfriend of his former employee had been arrested
and tortured by the Government in 2008 because she was an active member of LTTE. The
author stated that he feared that she had confessed and told the Government that she had
carried out activities for LTTE from the author’s shop and had used his shop as a meeting
place.15 In this regard, the author submitted to the Board an article published on the Internet
by the Sri Lanka Guardian. According to the translation of that article, a girl from Badulla
— with a similar name to the author’s former employee’s girlfriend — had been arrested in
Colombo under the anti-terrorism legislation and had been subjected to abuse by the
military. As a result, she confessed to being an LTTE member and was subsequently
imprisoned for two years in Velikadai prison. The author finally reiterated his fear of abuse
by the Sri Lankan police because of his alleged link to LTTE due to the above-mentioned
photograph. With regard to the latter, the Board referred to its decision of 23 November
2010. With regard to the mayor’s letter, the Board concluded that the letter could not lead
to a different assessment of the author’s case for the same reasons given by the Board in its
decision of 23 November 2010. Regarding the information concerning the author’s former
employee’s girlfriend, the Board observed that the information had only been disclosed late
in the proceedings and that there was no possible explanation for that late disclosure. The
Board stressed that, although the information concerned events that had occurred prior to
the examination of the author’s asylum application, the author had not mentioned this
specific ground for seeking asylum to the police, the Danish Immigration Services or the
Board itself during the original asylum proceedings.
4.11 The Board again refused to reopen the proceedings on 23 March 2012.16 The author
stated, inter alia, that his case had not been adequately examined in the light of the new
information submitted. The author also stated that after the Board’s decision of 14 March
2011 he had been hiding and as a result he had become mentally stressed. The Board
decided that it was unable to consider the author’s request for the case to be reopened
because it was not aware of the author’s place of residence. 17
Author’s comments on the State party’s observations
5.1
On 17 April 2015, the author submitted his comments on the State party’s
observations. The author challenges the State party’s allegation that he has not sufficiently
15
16
17
6
The author stated that one day he found books and promotional material of LTTE in the storage room
of his shop, but he pretended not to have noticed because he was afraid. Since that day, the author
tried to dissociate himself from his employee’s girlfriend. The author did not specify the dates or give
a time frame in which these events took place.
The author did not mention this decision, neither in his original submission nor in his comments on
the State party’s observations. The State party did not provide either the original decision of 23 March
2012 nor its translation.
In accordance with section 33 (8) of the Danish Aliens Act.