CAT/C/59/D/649/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
7 February 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 649/2015*, **
Communication submitted by:
K.N. (represented by counsel, John Phillip
Sweeney)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
6 January 2015 (initial submission)
Date of present decision:
23 November 2016
Subject matter:
Deportation to Sri Lanka; risk of torture
Procedural issue:
Admissibility — manifestly ill-founded
Substantive issue:
Non-refoulement
Articles of the Convention:
3 and 22
1.1
The complainant is K.N., a national of Sri Lanka of Tamil ethnicity born in 1988. He
comes from the north-eastern part of Sri Lanka. The complainant sought asylum in
Australia but his application was rejected. At the time of submitting his communication, he
was in detention and his deportation was imminent. He maintains that, if deported to Sri
Lanka, he would be at risk of being detained and of being subjected to torture and other
cruel and inhuman treatment, in violation of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainant is
represented by counsel, John Phillip Sweeney. 1
1.2
On 18 March 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures, asked the State party not to expel the author while the
complaint was being considered. On 2 May 2016, following a request by the State party
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in the examination of the communication:
1
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
The complainant submitted an initial communication on 6 January 2015 and additional information
and documentation on 18 March 2015.
GE.17-01757(E)