CAT/C/61/D/720/2015
torture.36 The Committee also recalls that, although past events may be of relevance, the
principle question before the Committee is whether the complainant currently runs a risk of
torture if returned to Sri Lanka. 37 In the present case, although found generally credible
about past events, the complainant has not demonstrated a foreseeable, real and personal
risk of being subjected to torture if returned to Sri Lanka. The Committee notes that, in its
assessment of the complainant’s asylum application, the authorities of the State party also
considered the possible risk of ill-treatment of failed asylum seekers upon return to Sri
Lanka and is of the view that, in the present case, the State party’s authorities gave
appropriate consideration to the complainant’s claim.
9.7
In the light of the foregoing and on the basis of all the information submitted by the
complainant and the State party, including on the general situation of human rights in Sri
Lanka, the Committee considers that the complainant has not discharged the burden of
proof 38 as he has not adequately demonstrated the existence of substantial grounds for
believing that his forcible removal to his country of origin would expose him to a
foreseeable, real and personal risk of torture within the meaning of article 3 of the
Convention. Although the complainant disagrees with the assessment of his claims by the
authorities of the State party, he has failed to demonstrate that the decision to refuse him a
protection visa was clearly arbitrary or amounted to a denial of justice.
10.
Consequently, the Committee, acting under article 22 (7) of the Convention, decides
that the complainant’s removal to Sri Lanka by the State party would not constitute a
breach of article 3 of the Convention.
36
37
38
14
See, for example, communication No. 426/2010, R.D. v. Switzerland, decision adopted on 8
November 2013, para. 9.2.
See, for example, communications No. 61/1996, X,Y and Z v. Sweden, decision adopted on 6 May
1998, para. 11.2; No. 435/2010, G.B.M. v. Sweden, decision adopted on 14 November 2012, para. 7.7;
and No. 458/2011, X. v. Denmark, decision adopted on 28 November 2014, para. 9.5.
See communication No. 429/2010, Sivagnanaratnam v. Denmark, decision adopted on 11 November
2013, paras. 10.5-10.6.