CAT/C/51/D/429/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-first session)
concerning
Communication No. 429/2010
Submitted by:
Mallikathevi Sivagnanaratnam (represented by
counsel, Niels-Erik Hansen)
Alleged victim:
The complainant
State party:
Denmark
Date of complaint:
18 August 2010 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 11 November 2013,
Having concluded its consideration of complaint No. 429/2010, submitted to the
Committee against Torture by Mallikathevi Sivagnanaratnam under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
against Torture
1.1
The complainant is Mallikathevi Sivagnanaratnam, a national of Sri Lanka, born on
1 February 1957, at the time of the communication awaiting deportation from Denmark.
She claims that the State party would violate article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment if it were to deport her. She
is represented by counsel, Niels-Erik Hansen.
1.2
On 19 August 2010, in application of rule 108, paragraph 1, of its rules of
procedure,1 the Committee asked the State party not to expel the complainant to Sri Lanka
while her complaint was being considered.
The facts as presented by the complainant
2.1
The complainant submits that if returned to Sri Lanka she will be subjected to
torture because of her affiliation with the Liberation Tigers of Tamil Eelam. She is a Tamil
1
2
This rule now appears as rule 114, paragraph 1, of the Committee’s revised rules of procedure.