CAT/C/61/D/614/2014
credible reports by non-governmental organizations27 concerning the treatment by the Sri
Lankan authorities of individuals returned to Sri Lanka. 28 However, the Committee recalls
that the occurrence of human rights violations in one’s country of origin is not sufficient in
itself to conclude that a complainant runs a personal risk of torture. 29 The Committee also
recalls that although past events may be of relevance, the principal question before the
Committee is whether the complainant currently runs a risk of torture if returned to Sri
Lanka. 30 In addition, the Committee notes that, in the State party’s assessment of the
complainant’s asylum application, the State party’s authorities also considered the possible
risk of ill-treatment of failed asylum seekers upon return to Sri Lanka, but did not accept
that the authorities in Sri Lanka had been looking for the complainant in the recent past or
were otherwise interested in him. The Committee is of the view that, in the present case, the
State party’s authorities gave appropriate consideration to the complainant’s claim.
8.8
In the light of the considerations above, and on the basis of all the information
submitted by the complainant and the State party, including on the general situation of
human rights in Sri Lanka, the Committee considers that, in the present case, the
complainant has not discharged the burden of proof, 31 as he has not adequately
demonstrated the existence of substantial grounds for believing that his forcible removal to
his country of origin would expose him to a foreseeable, real and personal risk of torture
within the meaning of article 3 of the Convention. Although the complainant disagrees with
the assessment of his accounts by the State party’s authorities, he has failed to demonstrate
that the decision to refuse him a protection visa was clearly arbitrary or amounted to a
denial of justice.
9.
The Committee, acting under article 22 (7) of the Convention, is of the view that the
complainant’s removal to Sri Lanka by the State party did not constitute a violation of
article 3 of the Convention. Regarding the State party’s lack of compliance with the
Committee’s request of 24 June 2014 for interim measures for the complainant not to be
deported, and his forcible removal to Sri Lanka on 25 June 2014, the Committee, acting
under article 22 (7) of the Convention, decides that the facts before it constitute a violation
by the State party of article 22 of the Convention due to a lack of cooperation with the
Committee in good faith, which prevented the Committee from considering the present
communication effectively.32
10.
Pursuant to rule 118 (5) of its rules of procedure, the Committee urges the State
party to take steps to prevent similar violations of article 22 in the future and to ensure that,
in cases where the Committee has requested interim measures, the complainants are not
deported until the Committee has decided on the merits.
27
28
29
30
31
32
10
Freedom from Torture, Tainted Peace: Torture in Sri Lanka since May 2009 (August 2015), available
from www.freedomfromtorture.org/sites/default/files/documents/sl_report_a4_-_final-f-b-web.pdf.
See communication No. 628/2014, J.N. v. Denmark, decision adopted on 13 May 2016, para. 7.9.
See, for example, communication No. 426/2010, R.D. v. Switzerland, decision adopted on 8
November 2013, para. 9.2.
See, for example, communications No. 61/1996, X, Y and Z v. Sweden, Views adopted on 6 May
1998, para. 11.2; No. 435/2010, G.B.M. v. Sweden, decision adopted on 14 November 2012, para. 7.7;
or No. 458/2011, X v. Denmark, decision adopted on 28 November 2014, para. 9.5.
See communication No. 429/2010, Sivagnanaratnam v. Denmark, decision adopted on 11 November
2013, paras. 10.5 and 10.6.
See communication No. 428/2010, Kalinichenko v. Morocco, decision adopted on 25 November
2011, para. 16. See also Tursunov v. Kazakhstan, para. 10; and D.I.S. v. Hungary, para. 11.