CAT/C/58/D/609/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman or
Degrading Treatment
or Punishment
Distr.: General
20 September 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 609/2014*, **
Communication submitted by:
R. K. (represented by counsel, John Phillip
Sweeney)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
6 May 2014 (initial submission)
Date of adoption of decision:
11 August 2016
Subject matter:
Deportation to Sri Lanka
Substantive issue:
Non-refoulement; risk of torture upon return
to country of origin
Procedural issues:
Non-substantiation of claims; incompatibility
with the Convention
Articles of the Convention:
3 and 22
1.1
The complainant is R.K., a Sri Lankan national of Tamil origin born in 1982. He
claims that his removal to Sri Lanka would constitute a violation by Australia of his rights
under article 3 of the Convention. The complainant is represented by counsel, John Phillip
Sweeney.
1.2
On 6 June 2014, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party not to expel the complainant while the
complaint was being considered. On 16 July 2015, the Committee, acting through the same
Rapporteur, denied the request of the State party to lift interim measures.
* Adopted by the Committee at its fifty-eighth session (25 July-12 August 2016).
** The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.16-16217(E)