CAT/C/60/D/623/2014 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 5 July 2017 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 623/2014*, ** Communication submitted by: N.K. (represented by counsel, R. Nandoe) Alleged victim: The complainant State party: The Netherlands Date of complaint: 14 August 2014 (initial submission) Date of present decision: 1 May 2017 Subject matters: Non-refoulement; prevention of torture Substantive issue: Deportation to Sri Lanka Procedural issue: Lack of substantiation Articles of the Convention: 3 and 22 Background 1.1 The complainant is N.K., a national of Sri Lanka of Tamil origin born in 1992 in Sri Lanka, who sought asylum in the Netherlands. His application was rejected and he risks deportation to Sri Lanka. He claims that his deportation would put him at risk of torture by Sri Lankan authorities and would constitute a violation by the Netherlands of article 3 of the Convention. 1.2 On 21 August 2014, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to deport the complainant while the complaint was being considered. Facts as presented by the complainant 2.1 The complainant was born in Point Pedro, Sri Lanka, in 1992. In 1995, his parents fled from Point Pedro, an area controlled by the Sri Lankan army, to an area in Puthukkudiyiruppu controlled by the Liberation Tigers of Tamil Eelam (LTTE). In 2008, under pressure in school, he signed a written consent to join LTTE. The same year, he was forcibly conscripted, passed the LTTE military training and participated in a fight against the Sri Lankan army. LTTE took his photograph for a registration card and took pictures of him during the military training. He escaped from LTTE on 15 January 2009. His uncle helped him to get to Colombo and to leave the country with a falsified passport. * Decision adopted by the Committee at its sixtieth session (18 April-12 May 2017). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Alessio Bruni, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang. GE.17-11164(E) 