CCPR/C/113/D/2272/2013
Appendix II
[Original: Spanish]
Individual opinion of Committee member Fabián Salvioli
1.
I understand that in the present communication the Committee could have found that
the author would still face a risk if deported from Denmark to Sri Lanka, in which case
deportation would be in violation of article 7 of the Covenant.
2.
While the present situation in Sri Lanka is different from the one that existed when
the author left the country, change is still in its early stages — as in all post-conflict
transition situations. It is therefore premature to rule out the possibility that a person such as
the author could face a real and serious risk if deported to Sri Lanka, given his proven link
with the Tamils and the killing of two members of his family by EPDP.
3.
I understand that, as a general approach to interpreting the matters submitted to it,
the Committee must decide for the option most favourable to the alleged victim in case of
doubt. This is an example of a borderline case that warranted being considered from a pro
persona perspective.
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