CCPR/C/114/D/2280/2013
Accordingly, the Committee considers that it is not precluded by the requirements of article
5 (2) (b) of the Optional Protocol from examining the present communication.
6.4
The Committee takes note of the State party’s argument that the author’s claims
under articles 6 (1) and 7 of the Covenant should be declared inadmissible owing to
insufficient substantiation. The Committee observes that the author has explained the
reasons why he feared being returned to Sri Lanka, based mainly on the events he went
through prior to his departure from Sri Lanka, together with his personal circumstances as a
Tamil and a failed asylum seeker. The Committee also notes that the author has provided
documentary evidence in support of his claims, which should be considered on the merits.
The Committee therefore finds this part of the communication admissible.
6.5
The Committee notes the author’s allegations under article 9 (1) of the Covenant that
he would be at risk of arbitrary detention upon return to Sri Lanka. The Committee also
notes the State party’s argument that its non-refoulement obligations do not extend to a
potential breach of this provision. The Committee considers that the author has failed to
substantiate, for the purpose of admissibility, how this claim would raise a separate issue
from his claims under articles 6 and 7 of the Covenant. Accordingly, the Committee
considers that he has failed to sufficiently substantiate this claim for the purpose of
admissibility and concludes that this part of the communication is inadmissible pursuant to
article 2 of the Optional Protocol.
6.6
The Committee declares the communication admissible in so far as it appears to
raise issues under articles 6 (1) and 7 of the Covenant, and proceeds to their consideration
on the merits.
Consideration of the merits
7.1
The Human Rights Committee has considered this communication in the light of all
the information received, in accordance with article 5 (1) of the Optional Protocol.
7.2
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant (para.
12). The Committee has also indicated that the risk must be personal,19 and that there is a
high threshold for providing substantial grounds to establish that a real risk of irreparable
harm exists.20 Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin. 21
7.3
The Committee notes the author’s claims that, if he were returned to Sri Lanka, he
would face a risk of persecution as a young Tamil from northern Sri Lanka with perceived
links to LTTE and as a failed asylum seeker; and that the State party’s authorities arbitrarily
ignored documentary evidence that supported his claims of persecution and did not give
sufficient weight to the fact that prior to his departure from his country of origin he was
19
20
21
See communications No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 9.2; No.
282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006, para. 7.2; No. 333/2007, T.I. v.
Canada, decision adopted on 15 November 2010, para. 7.3; No. 344/2008, A.M.A. v. Switzerland,
decision adopted on 12 November 2010, para. 7.2; and No. 692/1996, A.R.J. v. Australia, Views
adopted on 28 July 1997, para. 6.6.
See communications No. 2007/2010, X v. Denmark, para. 9.2; and No. 1833/2008, X. v. Sweden,
Views adopted on 1 November 2011, para. 5.18.
See communications No. 2007/2010, para. 9.2; and No. 1833/2008, para. 5.18.
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