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)