CCPR/C/121/D/2643/2015
under article 7 of the Covenant. The author additionally claims that the State party has
violated her rights under article 13 of the Covenant, as the Refugee Appeals Board did not
provide for an oral hearing prior to the passing of the decisions of 10 January 2014 and 22
June 2015. She requested that interim measures be issued to prevent their deportation to Sri
Lanka. The Optional Protocol entered into force for Denmark on 23 March 1976. The
author is represented by counsel.3
1.2
On 17 August 2015, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party not to deport the author and her children to Sri Lanka while their
case was under consideration by the Committee. On 21 August 2015, the Refugee Appeals
Board suspended, until further notice, the time limit for the departure of the author and her
children from Denmark in accordance with the Committee’s request. On 17 March 2016,
the State party requested the lifting of the interim measures, as the author had failed to
render it probable that she and her children would be at risk of suffering irreparable damage
if returned to Sri Lanka. The State party reiterated its request on 17 January 2017.
The facts as submitted by the author
2.1
The author originates from Kilinochchi, in the north of Sri Lanka. She is of Tamil
ethnicity and Hindu by faith. She has five siblings, including four brothers and one sister.
The author’s family has strong ties with the Liberation Tigers of Tamil Eelam (LTTE).
Both of her parents and three of her younger brothers have been affiliated with LTTE. Her
father was killed by the Sri Lankan Army when she was 7 years old due to this connection.
One of the author’s brothers was killed in combat between the Sri Lankan Army and
LTTE. 4 One of the author’s other younger brothers, who is in his mid-thirties, was
imprisoned by the authorities from 2009 until 2012 as an active member of LTTE. Under
pressure, the author’s brother gave the names of his siblings to the authorities, including the
name of the author.
2.2
The author has also been affiliated with LTTE, working for them since she was a
child. Later on, she worked as a secretary to LTTE and recruited new members to the
organization. She also prepared food and cared for LTTE members. Moreover, the author
helped out at funerals by preparing the bodies and assisted in looking after orphans whose
parents had been affiliated with the group.
2.3
In 2009, the third of the author’s younger brothers was interrogated and assaulted by
the authorities because of the activities of their other brothers with LTTE. Consequently, he
is now permanently disabled. The author’s elder brother was also affiliated with LTTE. He
returned to Sri Lanka from the Republic of Korea in 2012 and has since gone missing. The
author’s sister lives in the United Kingdom of Great Britain and Northern Ireland, where
she and her husband have gained protection.5
2.4
The author (illegally) entered Switzerland in 2001. She was allegedly granted
protection status in Switzerland in 2001 6 due to her affiliation with LTTE. While in
Switzerland, the author met her former husband, 7 who is also the father of her children, who
were born in 2003 and 2005. While they were still married, her husband was very violent
and abusive; she reported him to the police several times. 8 The author submits that she
received several documents from her former lawyer attesting to the episodes of violence, 9
but that the documents were taken from her by the Swiss police. Those documents were not
returned to the author, and they are neither with the Danish Police nor with the Danish
Immigration Service.
3
4
5
6
7
8
9
2
The Danish Refugee Council was replaced as counsel by Eddie Omar Rosenberg Khawaja, as from 31
March 2016.
The author does not indicate an exact date.
The author does not elaborate on the term “gained protection”.
The author does not specify the date.
No information is available as to when the couple divorced.
A copy of a letter dated 7 April 2014 written by the author’s former lawyer in Switzerland was
submitted by the author to the Committee.
The author does not mention any other documents.