CCPR/C/118/D/2412/2014 to the Committee all information at their disposal.14 In the absence of a reply from the State party, due weight must be given to the author’s allegations, to the extent that they are substantiated. Issues and proceedings before the Committee Consideration of admissibility 5.1 Before considering any claim contained in a communication, the Committee must decide, in accordance with rule 93 of its rules of procedure, whether the communication is admissible under the Optional Protocol. 5.2 The Committee has ascertained, as required under article 5 (2) (a) of the Optional Protocol, that the same matter is not being examined under another procedure of international investigation or settlement. 5.3 The Committee takes note of the author’s allegations that the State party violated his rights under article 14 (1) and (2) of the Covenant, since his detention was based on false information, and that the courts failed to act independently and impartially. The Committee, however, observes that the author has failed to explain the reasons why he considers that the courts lacked independence and impartiality in the particular circumstances of his case. Likewise, the author has failed to explain how his right to be presumed innocent was violated by the authorities of the State party. Accordingly, the Committee considers that the author has failed to sufficiently substantiate his claims of violation of article 14 (1) and (2) of the Covenant and that those allegations are therefore inadmissible under article 2 of the Optional Protocol. 5.4 The Committee takes note of the author’s allegations that there were no available domestic remedies for him to exhaust at the time his rights were violated and that those that currently exist are to be considered non-effective (see paras. 2.16 and 2.17 above). He claims that although there are some domestic remedies available in Sri Lanka, such as the fundamental right of an application to the Supreme Court against the State and/or particular State officials, in a context of impunity of human rights violations and the lack of independence of the judiciary, as stated in reports by international organizations and wellknown non-governmental organizations, they had and have no reasonable prospect of success, as illustrated by cases with similar facts that have been brought before the Sri Lankan courts. Against that background, the author submits that, in practice, those remedies are not effective. In the light of all the information made available to the Committee and in the absence of the State party’s observations refuting the author’s assertions, the Committee considers that there are no obstacles to the admissibility of the communication under article 5 (2) (b) of the Optional Protocol. 5.5 As all admissibility requirements have been met, the Committee declares the communication admissible insofar as it raises issues under articles 7, 9, 10 and 14 (3) (g) of the Covenant and proceeds with its consideration of the merits. Consideration of the merits 6.1 The Committee has considered the present communication in the light of all the information made available to it by the parties, as required under article 5 (1) of the Optional Protocol. 6.2 The Committee takes note of the author’s allegations that he was subjected to severe ill-treatment and threats by State agents while in detention and that he was forced to sign a 14 See also CCPR/C/LKA/CO/5, para. 6. 9

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