CCPR/C/114/D/2280/2013
allegedly detained by the Army on three occasions under suspicion of being an LTTE
member, that he was tortured and ill-treated while in detention, and that his family
continued to be harassed by the Army after he left his country.
7.4
The Committee also notes the State party’s arguments that its authorities reviewed
all the documentary evidence submitted to them; that objective and reliable reports indicate
that there are serious human rights violations in Sri Lanka; that not all young Tamil males
from northern Sri Lanka face a real and personal risk of persecution by the authorities but
only those who are suspected of having links to LTTE; and that the author has not
demonstrated that he is a person who is suspected of having significant and concrete links
with LTTE.
7.5
The Committee recalls its jurisprudence that important weight should be given to the
assessment conducted by the State party, unless it is found that the evaluation was clearly
arbitrary or amounted to a denial of justice, 22 and that it is generally for the organs of States
parties to the Covenant to review or evaluate facts and evidence in order to determine
whether such a risk exists.23
7.6
In the present case, the Committee notes that the author’s claims focus mainly on the
assessment of the documentary evidence carried out by the authorities, arguing that the
evidence was not adequately taken into account, and that at least some reports appear to
conclude that even a minimal or merely suspected link to LTTE would be enough to put an
individual at risk of persecution in Sri Lanka. The Committee observes that reports on the
human rights situation in Sri Lanka indicate that despite the changes that have taken place,
human rights violations, including torture, continue to exist; and that, inter alia, certain
individuals of Tamil ethnicity who are suspected of having links to LTTE may be in need
of international protection. It also observes that the author does not argue that he was a
member of LTTE or that he has participated, supported or been involved in the activities of
LTTE in any manner, rather he submits that his three detentions by the Army, his Tamil
ethnicity and his condition as a failed asylum seeker constitute sufficient elements to
conclude that he would be perceived as a person with links to LTTE. Against this
background, IRB and the Federal Court refused the author’s refugee application since they
considered that the author failed to demonstrate that he had a connection to LTTE.
Subsequently, within the PRRA proceedings, the immigration authorities found that the
author did not show that he had a perceived association with LTTE. In examining those
applications, the authorities reviewed the author’s allegations, taking into due consideration
reports from several States and NGOs that provided information concerning the situation of
Tamils in Sri Lanka. The author disagrees with the decisions reached. However, he has
failed to explain why those decisions are manifestly unreasonable or arbitrary, for instance
due to their failure to take properly into account a relevant risk factor. Accordingly, the
Committee cannot conclude that the removal of the author to Sri Lanka would constitute a
violation of articles 6 (1) and 7 of the Covenant.
8.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the author’s
removal to Sri Lanka would not violate his rights under articles 6 and 7 of the Covenant.
22
23
12
See communications No. 2007/2010, para. 9.2; and No. 1833/2008, para. 5.18.
See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011, para.
11.4; and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.