CAT/C/59/D/649/2015
a request to provide comments by 29 June 2016. No response was ever received from the
complainant.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any complaint submitted in a communication, the Committee
must decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
6.2
The Committee notes the State party’s submission that the communication is
manifestly unfounded and thus inadmissible pursuant to rule 113 (b) of the Committee’s
rules of procedure. The Committee, however, considers that the communication has been
substantiated for the purposes of admissibility, as the complainant has sufficiently detailed
the facts and the basis of the claim to enable the Committee to make a decision.
6.3
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainant has exhausted all
available domestic remedies. The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention. As the
Committee finds no further obstacles to admissibility, it declares the communication
admissible and proceeds with its consideration of the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
7.2
The issue before the Committee is whether the expulsion of the complainant to Sri
Lanka would constitute a violation of the State party’s obligation under article 3 of the
Convention not to expel or return a person to another State where there are substantial
grounds for believing that he or she would be in danger of being subjected to torture.
7.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to Sri Lanka. In assessing that risk, the Committee must take into account all relevant
considerations, pursuant to article 3 (2) of the Convention, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. The Committee
remains seriously concerned about the continued and consistent allegations of widespread
use of torture and other cruel, inhuman or degrading treatment perpetrated by State actors,
both the military and the police, in many parts of the country since the conflict ended in
May 2009. 17 However, the Committee recalls that the aim of such determination is to
establish whether the individual concerned would be personally at a foreseeable and real
risk of being subjected to torture in the country to which he or she would be returned;
additional grounds must be adduced to show that the individual concerned would be
personally at risk.18
17
18
10
See CAT/C/LKA/CO/3-4, para. 6.
See communications No. 282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006; No.
333/2007, T.I. v. Canada, decision adopted on 15 November 2010; and No. 344/2008, A.M.A. v.
Switzerland, decision adopted on 12 November 2010.