CAT/C/51/D/387/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-first session)
concerning
Communication No. 387/2009
Submitted by:
Sathurusinghe Jagath Dewage (represented by
counsel, Christopher Yoo and Luke Pistol of
Balmain for Refugees)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
1 June 2009 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 November 2013,
Having concluded its consideration of complaint No. 389/2009, submitted to the
Committee against Torture by Sathurusinghe Jagath Dewage under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Jagath Sathurusinghe Dewage, a Sri Lankan national of
Sinhalese ethnic origin, born on 23 November 1970. He claims that his deportation from
Australia to Sri Lanka would constitute a violation of article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. He is
represented by counsel.
1.2
On 30 June 2009, in application of rule 114 (former rule 108), paragraph 1, of its
rules of procedure (CAT/C/3/Rev.5), the Committee requested the State party not to deport
the complainant to Sri Lanka while his complaint was being considered by the Committee.
Factual background
2.1
The complainant was born in Aluthgama village in Matale District, Sri Lanka. He
worked as an employee at the Sri Lankan Transport Board in Matale. His family was
known to be prominent supporters of the United National Party (UNP), and he himself
became involved with the UNP as an activist when he was 18 years old. In 1996, he was
2