CCPR/C/121/D/2643/2015
released. Additionally, the Sri Lankan authorities have never carried out any acts directly
targeted at the author. In this regard, reference is made to the judgments delivered by the
European Court of Human Rights on 20 January 2011 concerning five applications
submitted by ethnic Tamils from Sri Lanka against Denmark, in which the Court said that
returning the applicants to Sri Lanka would not constitute a violation of the European
Convention on Human Rights.21
4.13 As regards the author’s reference to the Committee’s Views in the case P.T. v.
Denmark, the State party recalls the Committee’s jurisprudence that important weight
should be given to the assessments conducted by the State party, unless it is found that the
evaluation was clearly arbitrary or amounted to a denial of justice. 22 The State party adds
that exposure to a past risk does not imply a risk at present, and that the author needs to
present evidence that the authorities have been looking for her or have shown some interest
in her whereabouts in the recent past. 23
4.14 The State party further submits that, according to the UNHCR Eligibility Guidelines
for Assessing the International Protection Needs of Asylum-Seekers from Sri Lanka, of 21
December 2012, certain groups of persons with links to LTTE may be subjected to
treatment that may give rise to a need for international refugee protection, including
persons who have held senior positions or persons with considerable authority in the LTTE
civilian administration, former LTTE combatants, and persons with family links or who are
otherwise closely related to such persons. Other background reports also appear to contain
no information that would lead to the assumption that Tamils such as the author with a lowrisk profile would be subjected to persecution or abuse upon their return to Sri Lanka that
would justify asylum.24 In its decision of 22 June 2015, the Danish Refugee Appeals Board
made a specific and individual assessment of the author’s situation taking into account the
background information available and found that the author was not at risk of persecution
or abuse in the event of her return to Sri Lanka. The fact that the author returns as a failed
asylum seeker cannot in itself lead to a different assessment either, as she has no conflicts
with the Sri Lankan authorities.
4.15 As regards the author’s fear of her former spouse, the Board considered that
incidents of abuse relating to conflicts between former spouses were private sphere
conflicts, which normally did not justify the granting of residence. Concerned women
would instead have to seek protection from the authorities in their country of origin.
However, in its jurisprudence the Board recognized that certain kinds of abuse by private
individuals may be of such scope and intensity as to amount to persecution if the authorities
are not able or willing to offer protection. In its decision of 10 January 2014, the Board
considered that the author had not rendered it probable that she would be unable to obtain
protection from the Sri Lankan authorities. It also noted that the author and her former
husband had lived separately since his imprisonment on 5 March 2013 and following his
return to Sri Lanka at the end of 2013. Furthermore, the author reported her former spouse
to the Swiss police for violence and sexual abuse, he was sentenced in Switzerland on that
ground, and she testified against him in Danish criminal proceedings. Therefore, the author
cannot be considered particularly vulnerable with regard to her former spouse, and she has
21
22
23
24
8
See European Court of Human Rights, N.S. v. Denmark (application No. 58359/08); P.K. v. Denmark
(application No. 54705/08); S.S. and others v. Denmark (application No. 54703/08); T.N. and S.N. v.
Denmark (application No. 36517/08); and T.N. v. Denmark (application No. 20594/08).
See P.T. v. Denmark, paras. 7.3 and 7.4. The State party also refers to further jurisprudence of the
Committee in that regard, including communications No. 2393/2014, K v. Denmark, Views adopted
on 16 July 2015, paras. 7.4 and 7.5; No. 2426/2014, N v. Denmark, decision of inadmissibility
adopted on 23 July 2015, para. 6.6; No. 2186/2012, Mr. X and Ms. X v. Denmark, Views adopted on
22 October 2014, para. 7.5; and No. 2329/2014, Z v. Denmark, Views adopted on 15 July 2015, para.
7.4.
See, for example, communication No. 429/2010, Mallikathevi Sivagnanaratnam v. Denmark, decision
by the Committee against Torture of 2 December 2013, paras. 10.5 and 10.6.
See for example Human Rights Watch, “We Will Teach You a Lesson” — Sexual Violence against
Tamils by Sri Lankan Security Forces, 26 February 2013; United States of America Department of
State, Country Report on Human Rights Practices 2014 — Sri Lanka, 25 June 2015; and Danish
Refugee Council, Tilbagevenden til Sri Lanka (Return to Sri Lanka), December 2014.