CAT/C/22/D/106/1998
page 2
Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
TWENTY-SECOND SESSION
concerning
Communication No. 106/1998
Submitted by:
N. P. (Name withheld)
Alleged victim:
The author
State party:
Australia
Date of communication:
25 December 1997
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 6 May 1999,
Having concluded its consideration of communication No. 106/1998,
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 and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.
The author of the communication is N. P., a Sri Lankan of Tamil ethnic
origin, currently residing in Australia where he has applied for asylum and is
at risk of expulsion. He alleges that his expulsion would constitute a
violation of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. He is represented before the
Committee by his cousin, Mahendra Nirajah.
The facts as submitted by the author
2.1
The author comes from Manipay, in the northern part of Sri Lanka. He
claims that, even as a young boy, he was obliged to assist the Tamil
separatists, the Liberation Tigers of Tamil Eelam (LTTE), in various ways,
such as distributing their newspapers, selling publications and encouraging
students to attend their meetings.