CAT/C/71/D/896/2018 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 30 August 2021 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 896/2018*, ** Communication submitted by: T.S. (currently represented by Leijen & Nandoe Advocaten; previous counsel, Anton Hol) Alleged victim: The complainant State party: Netherlands Date of complaint: 2 November 2018 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 13 November 2018 (not issued in document form) Date of present decision: 19 July 2021 Subject matter: Deportation to Sri Lanka Procedural issue: None Substantive issue: Risk of torture or cruel, inhuman or degrading treatment or punishment, if deported to country of origin (non-refoulement) Article of the Convention: 3 1.1 The complainant is T.S., a national of Sri Lanka born in 1987. His requests for asylum in the Netherlands were rejected, and he risks forcible removal to Sri Lanka. The complainant asserts that, if the Netherlands were to proceed with his deportation, it would violate its obligations under article 3 of the Convention. The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 20 January 1989. The complainant is represented by counsel. 1.2 On 13 November 2018, pursuant to rule 114 (1) of its rules of procedure, the Committee, acting through its Rapporteur on new complaints and interim measures, asked that the State party not deport the complainant to Sri Lanka while the communication was being considered by the Committee. Facts as submitted by the complainant 2.1 The complainant, a national of Sri Lanka of Tamil ethnicity, was born in the district of Jaffna, Northern Province, Sri Lanka. In 1995, the complainant fled to Kilinochchi, a town * Adopted by the Committee at its seventy-first session (12–30 July 2021). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. GE.21-11971(E)

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