CAT/C/61/D/614/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
25 September 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 614/2014*, **, ***
Communication submitted by:
Subakaran R. Thirugnanasampanthar
(represented by counsel, Robert James de Vere
McCaw)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
24 June 2014 (initial submission)
Date of the present decision:
9 August 2017
Subject matter:
Deportation of complainant from Australia to Sri
Lanka
Procedural issue:
Admissibility — manifestly ill-founded
Substantive issue:
Risk of torture in the event of deportation to
country of origin (non-refoulement)
Articles of the Convention:
3 and 22
1.1
The complainant is Subakaran R. Thirugnanasampanthar, a national of Sri Lanka
born on 28 November 1990. He sought asylum in Australia, his application was rejected
and he risked forcible removal to Sri Lanka. He claims that in case of his forcible removal
he would face a risk of torture, in violation of article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. Australia made the
declaration under article 22 of the Convention on 28 January 1993. The complainant is
represented by counsel, Robert James de Vere McCaw.
1.2
On 24 June 2014, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party to refrain from returning the complainant to
Sri Lanka while his complaint was being considered by the Committee. On 26 June 2014,
the State party advised the Committee that, as a result of the timing of the Committee’s
request for interim measures, the communication was not brought to the attention of the
relevant authorities of the Government of Australia in sufficient time to prevent the
complainant’s departure, which had been scheduled for 25 June 2014. While the
complainant was in transit, his submission to the Committee was assessed and it was
* Adopted by the Committee at its sixty-first session (24 July-11 August 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, Ana Racu, Sébastien Touzé and Kening Zhang.
*** An individual opinion by Committee member Alessio Bruni (dissenting) is annexed to the present
decision.
GE.17-16783(E)