CAT/C/59/D/649/2015
not sufficient to establish that the complainant was or is wanted by the Sri Lankan
authorities in relation to his past involvement in LTTE. Although the complainant disagrees
with the assessment of his accounts by the State party’s authorities, he has failed to
demonstrate that the decision to refuse him a protection visa was clearly arbitrary or
amounted to a denial of justice, taking into account the absence of comments by the
complainant or his counsel on the State party’s observations, despite several reminders (see
para. 5 above).
7.8
In the light of the above, the Committee recalls that, according to paragraph 5 of its
general comment No. 1, the burden of presenting an arguable case lies with the author of a
complaint. In the Committee’s opinion, in the present case, the complainant has not
discharged that burden of proof. 22
8.
The Committee, acting under article 22 (7) of the Convention, concludes that the
decision of the State party to return the complainant to Sri Lanka does not constitute a
violation of article 3 of the Convention.
22
12
See communication No. 429/2010, Sivagnanaratnam v. Denmark, decision adopted on 11 November
2013, paras. 10.5 and 10.6.