CAT/C/59/D/666/2015
Issues and proceedings before the Committee
Consideration of admissibility
7.1
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.
7.2
The Committee notes the State party’s submission that the present communication is
manifestly unfounded and thus inadmissible pursuant to rule 113 (b) of the Committee’s
rules of procedure. The Committee considers, however, 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 for a decision by the Committee.
7.3
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. Accordingly, the Committee concludes that it is not precluded
by article 22 (5) (b) of the Convention from examining the present case.
7.4
As the Committee finds no further obstacles to admissibility, it declares the
communication submitted under article 3 of the Convention admissible and proceeds with
its consideration of the merits.
Consideration of the merits
8.1
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.
8.2
In the present case, the issue before the Committee is whether the forced removal 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 to return (“refouler”) 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.
8.3
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 military and police, which have continued in many parts of the country since the
conflict ended in May 2009. 10 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. It follows that the existence of a pattern of gross, flagrant or mass
violations of human rights in a country does not as such constitute sufficient reason for
determining that a particular person would be in danger of being subjected to torture on
return to that country; additional grounds must be adduced to show that the individual
concerned would be personally at risk. 11 Conversely, the absence of a consistent pattern of
10
11
See CAT/C/LKA/CO/3-4, para. 6.
See, for example, communications No. 282/2005, S.P.A. v. Canada, decision adopted on 7 November
7