CAT/C/71/D/754/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 23 September 2021 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 754/2016,  Communication submitted by: H.L. (represented by counsel, John Sweeney) Alleged victim: The complainant State party: Australia Date of complaint: 27 April 2016 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 16 June 2016 (not issued in document form) Date of adoption of decision: 22 July 2021 Subject matter: Deportation to Sri Lanka Procedural issues: Admissibility – ratione materiae; nonsubstantiation of claims Substantive issue: Risk to life or risk of torture or other cruel, inhuman or degrading treatment or punishment, if deported to country of origin (nonrefoulement) Articles of the Convention: 1, 3 1.1 The complainant is H.L., a national of Sri Lanka born in 1983. He claims that Australia would violate his rights under article 3 of the Convention if it removed him to Sri Lanka. The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 28 January 1993. The complainant is represented by counsel. 1.2 On 18 May 2016, the Committee, acting through its Rapporteur on new complaints and interim measures, decided not to issue a request for interim measures under rule 114 of the Committee’s rules of procedure. Facts as submitted by the complainant 2.1 The complainant is of Tamil ethnicity and Muslim faith. He was a polling agent on the day of the Kalmunai municipal election of 8 October 2011. His brother stood as a candidate for the Sri Lanka Muslim Congress. The complainant had been campaigning for his brother, including by giving speeches for the Congress. The complainant’s role on the  Adopted by the Committee at its seventy-first session (12–30 July 2021).  The following members of the Committee have participated in the consideration of the communication: Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. GE.21-13469(E)

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