CCPR/C/127/D/2484/2014
party would be in violation of article 5 if the applicant faced a risk of arbitrary detention in
the receiving State.
4.13 The author’s allegations are manifestly unfounded owing to non-substantiation of
his claims and his communication must therefore be declared inadmissible. The author has
failed to establish a prima facie case that he faces a real risk of irreparable harm if returned
to Sri Lanka. In that regard, it is the Committee’s long-standing view that “important
weight should be given to the assessment conducted by the State party”, unless it is found
that such evaluation of the facts and evidence is manifestly arbitrary or amounted to a
denial of justice. The author’s submissions to the Committee do not present new material
facts and evidence that speak to personal risk to the author.
4.14 Objective reports indicate that there continue to be serious human rights violations
in Sri Lanka, especially concerning Tamil males who have been detained by police or other
authorities and face the risk of torture or other mistreatment, particularly if they are
suspected of ties to the Tamil Tigers. Despite these concerns, it is not the case that all Tamil
males originally from the North are at a real risk of irreparable harm. According to the 2012
UNCHR eligibility guidelines, additional personal characteristics are required to establish
prima facie grounds for believing that the author would be at risk if returned.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
The author provided his comments on 14 September 2015. He notes that all
documentary evidence which was submitted to the Committee confirms that not only
human rights defenders who criticize the Government are targeted by the authorities. The
evidence demonstrates that simple local community workers are targeted by the security
forces. This persecution did not stop at the end of the conflict in Sri Lanka in May 2009 and
continues today.
5.2
According to a report published by Amnesty International in April 2013, Sri Lanka
has targeted human rights defenders who are not actually prominent activists engaged in
advocacy at the international level but local community workers providing assistance to
people struggling to recover from decades of armed conflict. 6 Another report by the
International Truth and Justice Project refers to an abducted Tamil NGO worker, who was
tortured and sexually assaulted.7
5.3
The Government of Sri Lanka continues to impose strict conditions on the
operations of NGOs. A recent article in the magazine Foreign Policy states that the
Government keeps a tight grip on organizations which implement development projects,
especially those which are involved in matters concerning human rights and psychological
care in the area where the fighting was at its most intense. OHCHR itself has investigated
allegations of war crimes, which made “a paranoid regime even more skittish” according to
the author. The Government is trying to create an intimidating environment to discourage
community members and civil society organizations from providing information that might
incriminate it. The shrinking space in which NGOs are operating is a reflection of broader
trends in Sri Lanka. People’s freedom of movement is curtailed, especially in the north.
Freedom of expression is limited via a restrictive media environment. The recent
crackdown on NGOs is another example of the attempt by the Government to centralize
power and stifle dissent.
5.4
More importantly, a recent letter from the Sewalanka Foundation clearly provides
support for the author and describes him as one of the field workers who were threatened,
interrogated and detained for doing their jobs.8 Even if the NGO itself operates with the
approval of the Government, according to the author that approval “masks the reality that
they continue to target” even simple field workers. The author’s wife recently received a
“message form” from the Sri Lankan police requesting that the author present himself to the
6
7
8
Amnesty International, “Sri Lanka’s assault on dissent”.
The author refers to a report entitled A Still Unfinished War: Sri Lanka’s Survivors of Torture and
Sexual Violence 2009-2015.
A copy of the letter is provided.
5