CCPR/C/121/D/2487/2014
party considers that the inconsistencies and contradictions contained in the author’s file
provide the Committee with a strong basis to seriously question his credibility.
From the author
9.1
In additional comments made on 21 April 2017, the author states that the evidence
submitted to the Committee on 24 October 2016 (the letters from a member of the trade
union and from the author’s priest) is critical as it demonstrates that he was instrumental in
the legal action that the trade union filed against the police. He claims that this evidence
was not taken into account by the officers during the humanitarian and compassionate and
pre-removal risk assessment applications. He also explains that the evidence was not
considered by the Federal Court as any evidence that has not been previously considered by
officers cannot be brought before the Federal Court during the judicial review.
9.2
The author reiterates that documentary evidence is difficult to obtain and notes that,
as mentioned in the letter of the trade union official, the Government has not yet issued the
committee report which contains evidence regarding the death of his cousin, R.C.
Issues and proceedings before the Committee
Consideration of admissibility
10.1 Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
10.2 The Committee has ascertained, as required by article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under any other international
procedure of investigation or settlement. The Committee notes that the author has
exhausted all available domestic remedies, in compliance with the requirements of article 5
(2) (b) of the Optional Protocol.
10.3 The Committee notes the State party’s argument that the author’s allegations under
article 9 (1) are incompatible ratione materiae with the Covenant. In that connection, it
notes that the author has not provided any information, evidence or explanation of how his
rights under article 9 (1) would be violated by the State party through his removal to Sri
Lanka in a manner that would pose a substantial risk of irreparable harm such as that
contemplated under articles 6 and 7 of the Covenant. The Committee concludes that this
part of the communication is inadmissible pursuant to article 3 of the Optional Protocol.
10.4 The Committee notes the State party’s argument that the author’s allegations under
articles 6 (1) and 7 are insufficiently substantiated. However, the Committee is of the view
that, for purposes of admissibility, the complainant has provided sufficient information as
to the risk of irreparable harm that he would allegedly face in case of return to Sri Lanka.
Accordingly, the Committee declares the claim admissible and proceeds with its
consideration of the merits.
Consideration of the merits
11.1 The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
11.2 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 article 7 of the Covenant (para. 12). The
Committee has also indicated that the risk must be personal and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
12