CAT/C/60/D/623/2014
procedure because they were not dated, but during the fourth procedure, when he submitted
evidence that the pictures were dated September/October 2013, they were not accepted
either.
8.3
Concerning the request for shelter, the complainant submits that making him stay for
a prolonged period in the country without access to reception facilities exposes him to
inhuman and degrading treatment. He argues that the complaint procedure of the
Committee cannot be effective when he is obliged to live in miserable conditions in the
Netherlands.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
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.
9.2
The Committee recalls that in accordance with article 22 (5) (b) of the Convention, it
shall not consider any complaint unless it has ascertained that all available domestic
remedies have been exhausted. The Committee notes that, in the present case, the State
party has not challenged the admissibility of the complaint on this ground.
9.3
The Committee notes the complainant’s claim that the State party has an obligation
to provide him with shelter while the interim measures are in place and the case is being
considered by the Committee. The Committee notes that the complainant does not provide
sufficient details on his legal status after his asylum application was rejected and interim
measures were granted by the Committee. It also notes that it remains unclear whether the
complainant has ever raised the claim that the refusal of shelter amounts to inhuman and
degrading treatment before the domestic authorities. In this light, the Committee finds this
part of the complaint insufficiently substantiated for the purposes of admissibility.
9.4
The Committee notes that the complainant’s claim that his forcible removal to Sri
Lanka would amount to a violation by the State party of article 3 of the Convention. The
Committee takes note of the State party’s observation that the complainant has failed to
sufficiently substantiate this claim. It notes, however, that the arguments submitted by the
complainant are closely related to the merits of the case and, therefore, declares the
communication admissible under article 3 of the Convention. As the Committee finds no
further obstacles to admissibility, it declares the communication admissible insofar as it
raises issues under article 3 of the Convention and proceeds with its consideration on the
merits.
Consideration of the merits
10.1 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.
10.2 In the present case, the issue before the Committee is whether the return 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.
10.3 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 the military and the police, in many parts of the country since the conflict ended in
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