CAT/C/59/D/633/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
16 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 633/2014*, **
Communication submitted by:
Y.S. (represented by counsel, John Phillip
Sweeney)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
10 October 2014 (initial submission)
Date of adoption of decision:
15 November 2016
Subject matter:
Deportation to Sri Lanka; risk of torture
Procedural issues:
Admissibility — manifestly unfounded
Substantive issues:
Non-refoulement
Articles of the Convention:
3 and 22
1.1
The complainant is Y.S., a national of Sri Lanka of Tamil ethnicity, born on 18
January 1969. He is a failed asylum seeker in Australia and at the time of submission, his
deportation was imminent. He claimed that if deported to Sri Lanka, he would face a risk of
detention and torture, cruel and inhuman treatment, in violation of article 3 of the
Convention. The complainant is represented by counsel, John Phillip Sweeney.
1.2
On 15 October 2014, the Committee, acting through its Rapporteur on new
complaints and interim measures, asked the State party not to expel the author while the
complaint was being considered. On 28 July 2016, following requests by the State party
dated 31 March 2016 and 5 April 2016, the Committee, acting through the same Rapporteur,
denied the request of the State party to lift interim measures.
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee took part in the consideration of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens
Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-00602(E)