CAT/C/61/D/720/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
20 September 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 720/2015*, **
Communication submitted by:
S.S. (represented by counsel, John Sweeney)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
4 December 2015 (initial submission)
Date of adoption of decision:
9 August 2017
Subject matter:
Deportation to Sri Lanka; risk of torture
Substantive issue:
Non-refoulement
Procedural issue:
Admissibility — manifestly ill-founded
Articles of the Convention:
3 and 22
1.1
The complainant is S.S., a Sri Lankan national, born in 1984, subject to deportation
to Sri Lanka, following the rejection of his application for refugee status in Australia. He
claims that his forcible removal would constitute a violation by Australia of his rights under
article 3 of the Convention. The State party made the declaration under article 22 of the
Convention on 28 January 1993. The complainant is represented by counsel, John Sweeney.
1.2
On 16 December 2015, pursuant to rule 114 of its rules of procedure, the Committee
acting through its Rapporteur on new complaints and interim measures, requested the State
party not to deport the complainant to Sri Lanka while the complaint was being considered
by the Committee. On 20 June 2016, the State party requested the Committee to lift the
interim measures. On 21 December 2016, the Committee, acting through its Rapporteur on
new complaints and interim measures, denied the State party’s request to lift the interim
measures. On 12 May 2017, the State party again requested the Committee to lift the
interim measures.
The facts as presented by the complainant
2.1
The complainant is a Tamil from Palai village, located in the Northern Province, and
grew up in the districts of Kilinochchi and Jaffna, but moved frequently because of the
conflict. To avoid forced recruitment by the Liberation Tigers of Tamil Eelam (LTTE),
from 2006 to 2008, he lived and worked in Qatar. In early 2009, he returned to Sri Lanka to
take care of his sick mother and was detained and interrogated upon arrival at Colombo
* Adopted by the Committee at its sixty-first session (24 July-11 August 2017).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-16481(E)