CCPR/C/113/D/2272/2013
the Danish authorities to deport them to Sri Lanka. In all those decisions, dated 20 January
2011, the European Court held that returning them to their country of origin would not
constitute a violation of the European Convention, as ethnic Tamils returned to Sri Lanka
could not be considered to risk ill-treatment on the sole ground of their ethnic origin.7 The
State party affirms that the situation in Sri Lanka at the time that the Board took its decision
on the author’s asylum was not of a different nature, and that a specific assessment of the
author’s situation and personal risk was required.
4.4
The State party further notes that the Refugee Appeals Board made the requisite
specific and individual assessment of the author’s situation against background material
concerning the situation of ethnic Tamils in Sri Lanka. As a result, the Board concluded
that, prior to leaving his country of origin, the author had lived an “unremarkable and nonprofiled life”, without affiliation with or activity for LTTE. The Board observed that neither
the author nor any of his close relatives had joined political or religious associations or
organizations or been politically active in a way that would make the author remarkable in
the eyes of the Sri Lankan authorities or other groups, including EPDP. The Board also
raised the fact that, although the author and his cousin provided food and clothes free of
charge to some LTTE members during the civil war, this was not sufficient for the author to
be perceived as affiliated to LTTE, as this was a common practice for retailers in the
region, and therefore did not give rise to a personal risk for the authors. The Board noted
that, at the end of the civil war in 2009, the author had difficult experiences, including
harassment at a checkpoint, as all other Tamils did when the Sri Lankan authorities cracked
down on LTTE. However, the Board considered that this did not create a specific risk for
the author if returned to Sri Lanka.
4.5
With regard to the author’s allegations that, having witnessed his cousin’s murder,
he would be at risk of being persecuted by EPDP, the Board noted that the EPDP members
who killed his cousin let the author go. The author was not visited at his home by EPDP
members but was questioned, shortly after the murder, at a grocery store by some persons
who he assumed to be EPDP members. However, during this incident, the author stated that
he had no information as to his cousin’s murder and no action has been taken against the
author following this incident. The Board also noted that, during the nine months between
his cousin’s murder and his move to Point Pedro, the author was not approached by EPDP
or the Sri Lankan authorities. The Board concluded that there was no link between the
alleged harassment and his departure from his village of origin. Furthermore, between the
questioning in 2007 at the grocery store and his departure from Sri Lanka in 2012, the
author has not been contacted by anyone about the murder. While the author mentioned that
some persons tried to contact him after his visit to his aunt in 2012, there is no information
about the purpose of their visit.
4.6
The State party finally considers that there is no reason to question the thorough
assessment of the author’s situation made by the Refugee Appeals Board, which concluded
that there is no indication that he will be subjected to torture or to cruel, inhuman or
degrading treatment or punishment upon return to Sri Lanka. The State party finally
reiterates that the current background material on Sri Lanka does not contain any basis
which enables it to assume that Tamils who did not have links to LTTE, or whose family
members are not high-profile members of LTTE, will be at risk of persecution as a
7
T.N. v. Denmark, application No. 20594/08; T. N. and S.N. v. Denmark, application No. 36517/08;
S.S. and others v. Denmark, application No. 54703/08; P.K. v. Denmark, application No. 54705/08
and N.S. v. Denmark, application No. 58359/08.
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