CAT/C/60/D/716/2015 Advance unedited version 1.1 The complainant is Mr S.T., a Sri Lankan national born on 13 March 1994. He is awaiting forced removal to Sri Lanka. He claims that his removal to Sri Lanka by the State party would constitute a violation of his rights under articles 1 and 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention). He is represented by counsel. Australia made the declaration under article 22 of the Convention on 28 January 1993. 1.2 On 23 November 2015, pursuant to rule 114, paragraph 1, of its rules of procedure, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to expel the complainant while his case was being considered by the Committee. On 10 May 2016, the State party informed the Committee that the complainant remained in its territory in accordance with the Committee’s request. Factual background 2.1 The complainant was born in Miravodai, Valaichenai, Batticaloa District, in the Eastern Province of Sri Lanka, and professes Hindu faith. He lived with his parents, two sisters and one brother. He completed 10 years of education in school and worked in construction as a carpenter since December 2010 until he left Sri Lanka. Following the tsunami in Sri Lanka in 2005 the complainant and his family moved to a house in Miravodai, which is a predominantly Muslim village. His father was the head of one or two Hindu temples in Miravodai. Muslim and Hindu communities in the village have had clashes concerning land disputes during decades, in which his father was involved as community leader. 2.2 Due to his father’s role within the Hindu community, the complainant was assaulted on multiple occasions by members of the Muslim community. In March 2011, six persons came to the family house and threatened the family with taking their property. The complainant was dragged out from the house, tied up, beaten and left on the side of the road. They could not see the face of the aggressors but the complainant and his relatives knew they were Muslims because of their accent. Many Tamils’ houses were looted and burnt. In August 2011, on his way from work to home, six Muslim persons assaulted the complainant again and left him unconscious. He got a split lip and injuries in his left arm and neck. He claims that he was found by some farmers on the following day; and that he did not go to the hospital as it was far away and he was scared to explain what happened. Nor did he report the aggression to the police because he feared his aggressors’ reaction. In April 2012, persons who identified themselves as members of the Criminal Investigation Department (CID) visited the family house, asked them to leave the land, and threatened to kill them. The complainant submits that that these persons were Muslims; that he filed an application to the police about the repeated assaults; and that the police failed to investigate his allegations and to detain the aggressors. He also made a complaint to the “Grama Sevaka”, a public servant, without any result. In this connection, he claims that in general Muslims are better treated by the authorities than Tamils; and that the Muslim community has close links with members of the CID in Valachchenai. Since he feared to be tortured or killed, he decided to flee to Australia. 2

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