CCPR/C/121/D/2487/2014
exists. 28 Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin.29
11.3 The Committee recalls its jurisprudence, according to which important weight
should be given to the assessment conducted by the State party unless it is found that the
evaluation was clearly arbitrary or amounted to a denial of justice, and that it is generally
for the organs of States parties to the Covenant to review or evaluate facts and evidence in
order to determine whether such a risk exists. 30
11.4 The Committee notes the author’s contention that his removal to Sri Lanka would
expose him to a risk of irreparable harm, in violation of articles 6 (1) and 7 of the Covenant,
because: (a) he provided eyewitness evidence to trade union leaders in the framework of a
legal action against the police who, on 30 May 2011, during a demonstration in the “trade
zone” area, shot at demonstrators and killed his cousin, R.C.; (b) as a result of his testimony
against the police, he received threatening phone calls and was beaten until he lost
consciousness by four men who forcibly entered his home; (c) his family continued to
receive threatening phone calls after his departure; and (d) as a person returning to Sri
Lanka, he would be perceived as a traitor who has discredited Sri Lanka abroad.
11.5 The Committee also notes the State party’s argument that the author’s allegations of
risk have been thoroughly assessed by several independent and impartial State party
decision makers who determined that the author had not substantiated the allegations. The
Committee particularly notes the pre-removal risk assessment officer’s conclusion that the
author did not provide sufficient evidence to corroborate his allegations of risk. The
Committee also notes the State party’s observations that the author’s name does not appear
in any of the news articles related to the killing of R.C. and the judicial inquiry, and that he
did not provide evidence to substantiate that the alleged perpetrator of the incidents on 10
and 28 June 2011 were Sri Lankan government officials or police or that he had provided
evidence to the trade union leaders who took legal action against the police.
11.6 In that connection, the Committee notes that on 24 October 2016, the author
provided to the Committee a letter from a member of the Free Trade Zone and General
Services Employees Union stating that the author’s testimony as an eyewitness to the
killing of R.C. was key for the legal action filed by the union against the police. He also
provided a letter from the priest who conducted the funeral services for R.C. confirming
that he was an eyewitness to the killing of R.C. and that many had their lives threatened by
unidentified government forces and police. The Committee notes that this evidence was not
made available to the pre-removal risk assessment and humanitarian and compassionate
officers, as it was obtained after the two processes had terminated. It also notes the author’s
explanation that this evidence was not considered by the Federal Court, as no new evidence
not previously considered by officers can be filed during a judicial review.
11.7 The Committee notes that, while the letters give indications that the author
witnessed the killing of his cousin R.C. by the police and that he provided testimony to the
union officials for their legal action against the police, they do not provide any information
as to the assault that the author allegedly suffered following his presence as a witness at the
crime scene of his cousin’s death, or that he would be at risk of irreparable harm if he were
to be returned to Sri Lanka. The Committee also observes that the author has provided a
medical note, according to which he was medically treated from 1 to 7 July 2011 “for his
physical injuries due to swelling”. However, the Committee considers that this document
does not demonstrate that the injuries would necessarily have been provoked by the alleged
attack on the author by four unknown men on 28 June 2011. The Committee therefore
considers that the author has failed to provide conclusive evidence to substantiate his
allegations of risk.
28
29
30
See communications No. 2007/2010, X. v. Denmark, Views adopted on 26 March 2014, para. 9.2; and
No. 1833/2008, X. v. Sweden, Views adopted on 1 November 2011, para. 5.18.
Ibid.
See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011, para.
11.4; and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.
13