CCPR/C/115/D/2258/2013
conditions in the country, human rights violations, including torture, continue to occur and
that, inter alia, certain individuals of Tamil ethnicity who are suspected of having links to
LTTE, such as persons with family links or who are dependent on or otherwise closely
related to former LTTE combatants, “cadres” or former LTTE supporters who may never
have undergone military training, may be in need of international protection. In the light of
the information provided by the authors, the information presently available to the
Committee and the record of human rights violations in Sri Lanka, the Committee considers
that the authorities of the State party have not given appropriate consideration to the claim
of the authors that they would be at risk of being subjected to torture or ill-treatment if
removed to Sri Lanka as a result of the previous affiliation of their father with LTTE, the
fact that they were taken away by this organization in 2009 and the events that the authors
went through prior to their departure from Sri Lanka. Under these circumstances, the
Committee is of the view that the removal of the authors in the absence of further
consideration of their claim would put them to a real risk of irreparable harm such as that
contemplated in article 7 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the deportation of the authors to Sri Lanka would violate their rights under article 7 of
the Covenant.
9.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to proceed to a review of their requests for asylum, taking into
account the State party’s obligations under the Covenant and the present Views. The State
party is also under an obligation to avoid exposing others to similar risks of violation.
10.
Bearing in mind that, by becoming a State party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether there has been
a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party
has undertaken to ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in the Covenant, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to its Views.
The State party is also requested to publish the Committee’s Views and to have them
translated into the official language of the State party and widely distributed.
15
Eelam (LTTE), including information about how many are in detention; whether the government
continues to screen Tamils in an attempt to identify LTTE suspects – 2011-January 2015” (Ottawa, 11
February 2015); Freedom from Torture, “Tainted peace: torture in Sri Lanka since May 2009”
(London, August 2015); and International Crisis Group, “Sri Lanka between elections”, Asia report
No. 272 (Brussels, 12 August 2015).
See footnotes 4 and 5 above.
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