CCPR/C/121/D/2487/2014
hospitalized and 11 fundamental rights actions were filed in the Sri Lanka Supreme Court
against the police.13
4.12 The State party indicates that the author has never provided copies of the evidence
he allegedly provided to the trade union leader who decided to take legal action against the
police force. The State party argues that the author does not seem to have had any
involvement in the judicial inquiry or the police investigation, which started while the
author was still in Sri Lanka.14 The State party highlights that there is no mention in the
author’s May 2012 affidavit of his having provided evidence to trade union lawyers or
testimony in support of a complaint.
4.13 Regarding the author’s claim that on 10 June 2011 he started to receive threatening
telephone calls at home, the State party notes that, in the personal narrative he submitted as
part of his pre-removal risk assessment application, the author only stated that his mother
had received one threatening phone call on that date, but made no reference to having
received other threatening calls. Additionally, the author’s May 2012 affidavit does not
mention any threatening phone calls.
4.14 The State party maintains that the author provided inconsistent information in regard
to the medical treatment he received the day after he was abducted and beaten. In his
submission to the Committee, he states that his parents took him to Negombo hospital,
where he was refused treatment and, as a result, his parents took him to the Keraminiya
clinic. According to the document which the author refers to as a medical note, he received
treatment from 1 to 7 July 2011 for physical injuries due to swelling. However, in his May
2012 affidavit, the author swore that after the 28 June 2011 attack he was hospitalized
overnight; there is no mention of the hospital refusing to treat him or that he had to go to
the Keraminiya clinic.
4.15 The State party also submits that the author has provided inconsistent information
regarding how he obtained employment on the ship that took him to Canada. In his
submission to the Committee, he claims that his father took him to family members in
Kandy and paid a private ship to take him to Algeria where he joined a ship sailing to
Canada. According to his pre-removal risk assessment application form, the author flew
from Sri Lanka to Algeria on 11 July 2011, in possession of a valid Sri Lankan passport and
other identification documents. Based on his Seafarer Record Book, the author arranged his
employment with the M/V Lake Ontario on 13 June 2011 in Colombo. According to the
employment contract he signed on 8 July 2011, the author agreed to take up his position
with the M/V Lake Ontario on 11 July 2011. The State party submits that while a preremoval risk assessment application is not a sworn document, the author signed a
declaration attesting that the information on the form and in support of his application was
“truthful, complete and correct”.
4.16 Even if the Committee were to accept the author’s account as true, which the State
party urges it not to do, the author has not provided sufficient evidence to substantiate that
the alleged perpetrators of the incidents on 10 and 28 June 2011 were Sri Lankan
government officials or the police; he never identifies them, but only refers to them as “the
caller” and “four men”. Additionally, the author never claims that he fears persecution by
the Sri Lankan authorities but merely states that “he is facing a great risk of danger should
he be sent back to Sri Lanka which is evident from the flagrant violation of fundamental
human rights still occurring in Sri Lanka today …”.
4.17 The State party considers that the author intends the Committee to infer that his
alleged persecutors were either Sri Lankan authorities or acting on their behalf, but does not
provide any evidence in that regard. According to the State party, the threat that the author
13
14
6
Lal Gunasekera, “Report on Katunayake police shooting still not released — unionists”, The Island, 4
July 2012. In an article entitled “Police brutality mindless, indiscriminate and excessive: petitioners”
appearing in the Sunday Times (Sri Lanka) on 11 March 2012, it was reported that about 14
petitioners had filed fundamental rights actions as a result of injuries they sustained during the
demonstration and that the injured petitioners included workers participating in the demonstration and
bystanders, many of them mentioned by name.
Sunil and Liyanage, “Sri Lankan court examines police shooting of FTZ worker”.