CAT/C/56/D/591/2014
the police report of 17 September 2010 when he arrived in Australia and, later, when he
received it, he did not want to disclose it as proof of his arrest to the State party’s
authorities. In that regard, he notes that, at his request, a lawyer in Sri Lanka, a Mr. L.D.,
went to the police station in Negombo and compared the police records without revealing
the complainant’s name.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
Before considering any complaint submitted in a communication, the Committee
against Torture must decide whether it is admissible under article 22 of the Convention.
The Committee has ascertained, as it is required to do under article 22 (5) (a) of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
9.2
The Committee recalls that, in accordance with article 22 (5) (b) of the
Convention, it shall not consider any communication from an individual unless it has
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that in the present case, the State party has not contested that the
complainant has not exhausted all available domestic remedies.12 The Committee
therefore finds that it is not precluded from considering the communication under article
22 (5) (b) of the Convention.
9.3
The Committee notes that the State party has contested the admissibility of the
complaint on the grounds that the complainant’s claims are manifestly unfounded. In the
light of the information on file and the arguments presented by the parties, however, the
Committee considers that, for purpose of admissibility, the complainant has sufficiently
substantiated his claims that there is a foreseeable, real and personal risk he would be
subjected to torture if he is deported to Sri Lanka, as his present claims raise serious
issues under the Convention which should be considered by the Committee at the merits
stage. Accordingly, the Committee finds that the communication is admissible.
9.4
As the Committee finds no further obstacles to admissibility, it declares the
communication submitted under article 3 of the Convention admissible and proceeds
with its consideration of the merits.
Consideration of the merits
10.1 In accordance with article 22 (4) of the Convention, the Committee has considered
the present communication in the light of all information made available to it by the parties
concerned.
10.2 In the present case, the issue before the Committee is whether the return of the
complainant to Sri Lanka would constitute a violation of the State party’s obligation under
article 3 of the Convention not to expel or to return (“refouler”) a person to another State
where there are substantial grounds for believing that he or she would be in danger of being
subjected to torture.
10.3 The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to Sri Lanka. In assessing that risk, the Committee must take into account all relevant
12
12
See, for example, communication No. 455/2011, X.Q.L. v. Australia, decision adopted on 2 May
2014, para. 8.2.