CAT/C/60/D/699/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
6 July 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 699/2015*, **
Submitted by:
J.M. (represented by counsel, Stewart Istvanffy)
Alleged victim:
The complainant
State party:
Canada
Date of communication:
9 September 2015 (initial submission)
Date of decision:
12 May 2017
Subject matter:
Deportation to Sri Lanka
Procedural issues:
Exhaustion of domestic remedies; insufficient
substantiation of the complaint
Substantive issue:
Risk of torture
Articles of the Convention:
3, 4, 10 and 12
Background
1.1
The complainant is J.M., a national of Sri Lanka born in 1987 and subject to
deportation from Canada. He claims that his deportation would constitute a violation by the
State party of his rights under articles 3, 4, 10 and 12 of the Convention. The complainant is
represented by counsel.
1.2
On 9 September 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided to issue a request for interim measures under rule
114 (1) of the Committee’s rules of procedure and requested the State party not to deport
the complainant to Sri Lanka while the complaint was being considered by the Committee.
1.3
On 1 February and 28 April 2016, the Committee decided to deny the State party’s
requests to lift interim measures.
Facts as presented by the complainant
2.1
The complainant is a Tamil from northern Sri Lanka. He asserts that he fled Sri
Lanka because of threats to his life from members of the security forces or from private
militias or other extremist supporters of the current Government. He also claims that he was
detained in the past in Sri Lanka on account of suspected links with the Liberation Tigers of
Tamil Eelam (LTTE).
* Adopted by the Committee at its sixtieth session (18 April-12 May 2017).
** The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-11299(E)