Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
25 January 2018
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
Date of complaint:
27 July 2015 (initial submission)
Date of adoption of decision:
4 December 2017
Non-refoulement; prevention of torture
Deportation to Sri Lanka
Non-exhaustion of domestic remedies
Article of the Convention:
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.
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
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.
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.