CAT/C/62/D/696/2015 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 25 January 2018 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 696/2015*, ** Communication submitted by: R.P. (represented by counsel, Rabinderdei Nandoe) Alleged victim: The complainant State party: Netherlands Date of complaint: 27 July 2015 (initial submission) Date of adoption of decision: 4 December 2017 Subject matter: Non-refoulement; prevention of torture Substantive issue: Deportation to Sri Lanka Procedural issue: Non-exhaustion of domestic remedies Article of the Convention: 3 1.1 The complainant is R.P., a Sri Lankan national of Tamil ethnicity, born on 26 August 1981. He is currently awaiting deportation to Sri Lanka. He claims that his deportation by the Netherlands would violate his rights under article 3 of the Convention. The complainant is represented by counsel, Rabinderdei Nandoe. 1.2 On 13 August 2015, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to deport the complainant while the communication was being considered. The facts as presented by the complainant 2.1 The complainant was born in Batticaloa, Sri Lanka, and is of Tamil ethnicity. He owned a computer shop and worked there with his brother. In 1989, his sister was taken by the Sri Lanka Army, raped and executed because of her alleged membership in the Liberation of Tamil Tigers of Eelam (LTTE). Consequently, the family was regarded as being an “LTTE family”. In 2002, the complainant’s brother was arrested by the Army, but later released. After his brother’s release, the family complained about his detention to a human rights organization, but had to withdraw it owing to threats from the Army. 2.2 In May 2008, the complainant was arrested and detained in a nearby army camp by the Special Task Forces. The Forces had arrested all the young people in the area on suspicion of LTTE involvement. He was accused of being an LTTE supporter and of * Adopted by the Committee at its sixty-second session (6 November–6 December 2017). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang. GE.18-01156(E) 

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