S.S. and S.A. (names withheld) v. The Netherlands,
Communication No. 142/1999,
U.N. Doc. CAT/C/26/D/142/1999 (2001).
Communication No. 142/1999
Submitted by: S.S. and S.A. (names withheld) [represented by counsel]
Alleged victim: The authors
State party: The Netherlands
Date of communication: 12 July 1999
The Committee against Torture, established under Article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 11 May 2001,
Having concluded its consideration of communication No. 142/1999,
submitted to the Committee against Torture under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Having taken into account all information made available to it by the author
of the communication, his counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.1 The authors of the communication are Mr. S.S., a Sri Lankan national
born on 1 April 1963, his wife Mrs. S.A., a Sri Lankan national born on 28
August 1972, and their daughter, B.S., born on 12 October 1997 in the
Netherlands. The authors, all currently residing in the Netherlands, allege
that their proposed expulsion to Sri Lanka would violate article 3 of the
Convention. The authors are represented by counsel.
1.2 In accordance with article 22, paragraph 3, of the Convention, the
Committee transmitted the communication to the State party on 18 August
1999. At the same time, the State party was requested, pursuant to rule 108,
paragraph 9, of the Committee's rules of procedure, not to expel the authors
to Sri Lanka while their communication was under consideration by the
Committee. In a submission dated 28 October 1999, the State party