CCPR/C/116/D/2314/2013
of irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant. 42 The
Committee has also indicated that the risk must be personal43 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. Thus, all relevant facts and circumstances must be considered, including the general
human rights situation in the author’s country of origin. 44
7.3
The Committee recalls its jurisprudence that significant weight should be given to
the assessment conducted by the State party and that it is generally for the organs of States
parties to examine the facts and evidence of the case in order to determine whether such a
risk exists, unless it can be established that the assessment was arbitrary or amounted to a
manifest error or denial of justice.45
7.4
The Committee notes the author’s allegation that the State party failed to take into
account that the risk he would face if removed to Sri Lanka is the result of a combination of
factors that cannot be considered in an isolated manner. He is a Tamil from the north and a
failed asylum seeker who used to work for a newspaper perceived as supporter of the
Liberation Tigers of Tamil Eelam and critic of the Government and had been victim of
several violations of his rights in the past, owing to his work as a photojournalist. The
Committee notes that the author’s claims mainly rely on the assessment of evidence by the
State authorities, arguing that it was not adequately taken into account.
7.5
In this regard, the Committee notes that the State party does not dispute that the
author is a Tamil from the north who would be returned to Sri Lanka with an emergency
document issued upon request of the Canadian authorities. The Committee further notes
that the State party does not dispute that journalists currently working in Sri Lanka are in
danger, including those working for the Uthayan (see para. 4.7).46 However, the State party
contends that the author did not demonstrate that he worked for the Uthayan from 2007 to
2008 and in 2011 and that, even if the Committee accepted the author’s account regarding
his work for the newspaper, he did not prove that his locally focused work could attract the
attention of the national authorities, years after he had published his photographs under an
alias. The Committee notes that the Canadian domestic authorities did not accept as reliable
evidence several documents submitted by the author to the Immigration Refugee Board,47
and evidence submitted to the pre-removal risk assessment officer,48 aimed at establishing
42
43
44
45
46
47
48
14
See general comment No. 31 (2004), para. 12.
See, inter alia, Y. v. Canada (note 41 above), para. 7.2; communication No. 2272/2013, P.T. v.
Denmark, Views adopted on 1 April 2015, para. 7.2; and No. 2007/2010, X v. Denmark, Views
adopted on 26 March 2014, para. 9.2.
See Y v. Canada (note 41 above), para. 7.2, X v. Denmark, para. 9.2; communication No. 1833/2008,
X v. Sweden, Views adopted on 1 November 2011, para. 5.18.
See, inter alia, Y v. Canada (note 41 above), para. 7.5; communication No. 2258/2013, Rasappu
v. Canada, Views adopted on 4 November 2015, para. 7.3; and X v. Canada (note 40 above), para.
9.3.
Uthayan, founded in 1985, has been the target of several attacks throughout its history, including two
attacks in April 2013. Six of its journalists have been killed in connection with their work. According
to the World Press Freedom Index 2014 of Reporters without Borders, “Uthayan does not hesitate to
criticize the Government’s authoritarian methods and continues to pay a high price for not kowtowing
to either the military or the Government”. Wouldn’t be better to leave the source?
Including the press credentials dated 1 January 2011, photographs showing the author receiving a
photography award in 2006, a letter by Mr. N.R. stating that he worked with the author for Uthayan
between the end of 2006 and 2007.
The pre-removal risk assessment officer did not accept as reliable an affidavit signed by the author’s
mother dated 23 November 2012 confirming most of his claims, an undated letter by Ms. S indicating
that he had been a photojournalist, a letter dated 3 May 2013 signed by the Chief Editor of Uthayan
confirming that the author had worked for the newspaper between October 2006 and May 2011, and a
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