CCPR/C/121/D/2487/2014
assessment officer’s decision after a thorough review of the author’s evidence and
arguments.
4.7
The State party recalls the Committee’s consistent jurisprudence that “important
weight should be given to the assessment conducted by the State party” and submits that the
Committee should therefore follow the findings of the assessment officer and the Federal
Court.10 The State party adds that the author has not provided evidence to demonstrate that
the conduct of the proceeding at issue or the evaluation of the facts and evidence was
manifestly arbitrary or amounted to a denial of justice.
4.8
The State party considers that, throughout the years, the author’s accounts of his
experience prior to his departure from Sri Lanka in 2011 contain numerous inconsistencies
and that the Committee should therefore not rely on them, or should consider that the
author’s allegations are insufficiently substantiated. In this connection, the State party
argues that the letters and news articles provided by the author do not support his claims:
none of the letters mention that the author was present at the Katunayake Free Trade Zone
demonstration or that he witnessed the death of R.C., or provided evidence in that regard.
Similarly, none of the news articles mention the author, not even the article posted on the
World Socialist Web Site dated 23 June 2011, which provides detailed information about a
judicial inquiry and a police investigation that were taking place at the time the article was
published, and which includes the names of a number of people who participated in the
demonstration and who provided testimony to the Negombo Magistrate Court in charge of
the investigation.11
4.9
The State party also submits that in his May 2012 affidavit, which constitutes the
author’s first statement to the State party’s authorities about what happened to him in Sri
Lanka, the author did not mention that he had been present at the Katunayake Free Trade
Zone demonstration and that he had witnessed his cousin’s murder, or that he had provided
evidence about the murder. Instead, the author stated that he and others had signed a
petition which they gave to their priest to file with the Asian Human Rights Commission as
part of a protest against the police who killed his “close family member”, after which he
and other petitioners were targeted by government goons and the police. The author did not
identify the “close family member” as R.C. or that he was his cousin.
4.10 Regarding the author’s claim that he witnessed the death of R.C. during the police
shootout and that he arranged for an ambulance to take R.C. to the hospital but that it was
too late and that he therefore died, the State party submits that, in the 23 June 2011 article,
it is reported that an individual referred to as S.F. and a colleague took R.C. to the factory
and that the police came and took him away in a jeep. R.C. was apparently left untreated
and bled for two hours in police custody before being taken to the hospital where he died
two days later. Another World Socialist Web Site article, dated 6 June 2011, reports these
same details.12
4.11 Concerning the author’s claim that he was “the only eyewitness” to the murder, the
State party submits that, in the personal narrative he provided as part of his pre-removal
risk assessment application in 2012, he described himself as “one of the few eyewitnesses”.
In the State party’s view, even if the author was a witness to the murder of R.C., he was not
the only one: at the very least, the victim’s girlfriend was also a witness, as were S.F. and
his colleague, and the other people mentioned in the 23 June 2011 article. Given the large
number of people that were reportedly at the demonstration, the State party submits that
there were probably many witnesses to the shooting. Referring to an article dated 4 July
2012 in The Island, the State party reports that, apparently, 270 demonstrators were
10
11
12
See, for example, communication No. 2007/2010, X. v. Denmark, Views adopted on 26 March 2014,
para. 9.3.
W.A. Sunil and Ruwan Liyanage, “Sri Lankan court examines police shooting of FTZ worker”,
World Socialist Web Site, 23 June 2011.
“Thousands attend funeral of slain Sri Lankan FTZ worker”, World Socialist Web Site, 6 June 2011.
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