CAT/C/58/D/608/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
13 September 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 608/2014*, **
Communication submitted by:
M.N. (represented by counsel, John Phillip
Sweeney from the Edmund Rice Centre)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
2 June 2014 (initial submission)
Date of adoption of decision:
2 August 2016
Subject matter:
Deportation to Sri Lanka
Procedural issues:
Insufficient substantiation of claims
Substantive issues:
Risk of torture; non-refoulement
Article of the Convention:
3
1.1
The complainant is M.N., a national of Sri Lanka, born in 1983. He sought asylum
in Australia but his application was rejected and 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 article 3 of the Convention. He is represented by counsel.
1.2
On 3 June 2014, 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 to refrain from returning the complainant to Sri Lanka while his
complaint was being considered by the Committee.
* Adopted by the Committee at its fifty-eighth session (25 July-12 August 2016).
** The following members of the Committee participated in the examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu and Kening Zhang.
GE.16-15816(E)