CCPR/C/116/D/2314/2013
which to reject documents.13 He also contests the conclusion of the Board that he did not
have the profile of someone who would be targeted by the Eelam People’s Democratic
Party or the police if returned to Sri Lanka. He states that the Board failed to take into
account the fact that he had been targeted because he worked for a newspaper that is
perceived to be critical of the Government and that has been repeatedly targeted for that
reason, dismissing in this regard the author’s claims duly supported with evidence.14
3.4
The author maintains that, despite the civil war having come to an end, arbitrary
arrests and detention, kidnapping, extortion, torture and murder continue to be widespread
in Sri Lanka, and persons with his profile continue to be targeted.15 He specifically cites
reports from Reporters Without Borders16 and press articles stating that media workers are
at serious risk of being attacked or killed in Sri Lanka.17 The author asserts that these acts
go unpunished and that the mere existence of a democratic government and legal system
cannot be viewed as providing any protection. The author further asserts that Tamil males
who are deported to Sri Lanka are at a particularly high risk of persecution.18 He further
submits that the risk of his being detained upon arrival and subjected to ill-treatment or
torture is even greater given the way the Canadian authorities have dealt with his case, that
is, by the fact that the Canada Border Services Agency contacted the Sri Lanka High
Commission in Ottawa to arrange for him to obtain a travel document.
3.5
The author states that his application to commence a judicial review of the negative
decision of the Immigration Refugee Board was denied without reason and with no
possibility for appeal. The author therefore maintains that he was never given a fair
opportunity to contest the merits of the decision of the Board and to provide all the relevant
13
14
15
16
17
18
6
The author quotes and provides a legal document of the Immigration Refugee Board, namely, an
assessment of credibility in claims for refugee protection, dated 31 January 2004, p. 71.
The author mentions several attacks to the Uthayan newspaper. In May 2006, armed men entered the
newspaper’s offices and opened fire, killing two people and injuring others; in June and July 2009,
staff were threatened; in March 2011, a police officer claiming to be from the Eelam People’s
Democratic Party went to the newspaper’s officers and intimidated staff; in May 2011, a member of
staff was attacked; and in July 2011, the Chief news editor was attacked. The author provided copies
of press articles supporting these affirmations.
The author cites, inter alia, Amnesty International, “Media briefing: human rights in Sri Lanka”
(5 November 2013); Immigration Refugee Board of Canada, “Sri Lanka: Treatment of Tamil
returnees to Sri Lanka, including failed refugee applicants; information on specific asylum cases” (12
February 2013); UNHCR, Eligibility Guidelines (see note 8 above); International Crisis Group, “Sri
Lanka’s Potemkin Peace: Democracy Under Fire”, Asia report No. 253 (13 November 2013);
Freedom from Torture, “Sri Lankan Tamils tortured on return from the UK” (13 September 2012);
Human Rights Watch, “UK: Suspend Deportations of Tamils to Sri Lanka - Further Reports of
Torture of Returnees Highlight Extent of Problem” (29 May 2012).
Reporters Without Borders, “Detention of IFJ Directors reflects dreadful state of media freedom in
Sri Lanka” (4 November 2013).
The author provides a copy of two press articles dated 13 April 2013 indicating that the Uthayan
printing press was burned by an unidentified group of armed men, allegedly belonging to the Sri
Lankan military intelligence (Lankasri News, “Uthayan printing press torched” and Tamilnet,
“Armed squad attacks Tamil paper office in Jaffna setting ablaze press machines”). He also refer to
Tamilnet, “Attacks on media escalate in Jaffna, newspapers burnt by alleged SL military squad” (7
February 2013) and Lankasri News, “Vampuri newspaper journalist attacked” (9 March 2013).
The author cites, among others, National Post, “Suspected organizer of MV Sun Sea human
smuggling operation believed killed in Sri Lanka” (8 October 2013); CTV News, “Second migrant
deported by Canada jailed in Sri Lanka” (10 October 2013); Tamilnet, “Tamil from Australia
tortured, abused by Sri Lankan forces during visit to island” (25 April 2013). The author also refers to
reports on human rights violations in Sri Lanka.