CCPR/C/115/D/2258/2013
Annex
Views of the Human Rights Committee under article 5 (4) the
Optional Protocol to the International Covenant on Civil and
Political Rights (115th session)
concerning
Communication No. 2258/2013*
Submitted by:
Jenirthan Rasappu and Jenarthan Rasappu
(represented by counsel, Michala Bendixen from
Refugees Welcome)
Alleged victim:
The authors
State party:
Denmark
Date of communication:
3 June 2013 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 4 November 2015,
Having concluded its consideration of communication No. 2258/2013, submitted to
it on behalf of Jenirthan Rasappu and Jenarthan Rasappu under the Optional Protocol to the
International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the authors
of the communication, and the State party,
Adopts the following:
Views under article 5 (4) of the Optional Protocol
1.1
The authors of the communication are Jenirthan Rasappu and Jenarthan Rasappu, Sri
Lankan nationals, born on 28 November 1992. They claim that their return to Sri Lanka by
the State party would constitute a violation of article 7 of the Covenant. They are
represented by counsel.
1.2
On 14 June 2013, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, requested the State party not to deport the authors to Sri Lanka while the
communication was being examined. On 17 June 2013, the Ministry of Justice of Denmark
* The following members of the Committee participated in the consideration of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla,
Yuji Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir Nigel
Rodley, Víctor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh,
Anja Seibert-Fohr, Yuval Shany, Konstantine Vardzelashvili and Margo Waterval. A joint opinion by
Committee members Yuval Shany, Anja Seibert-Fohr and Konstantine Vardzelashvili (dissenting) is
appended to the present Views.
2