CCPR/C/121/D/2487/2014

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
28 March 2018
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of
the Optional Protocol, concerning communication No.
2487/2014*, **
Communication submitted by:

N.D.J.M.D. (represented by counsel, Joseph W.
Allen)

Alleged victim:

The author

State party:

Canada

Date of communication:

27 November 2014 (initial submission)

Document references:

Decision taken pursuant to rules 92 and rule 97
of the Committee’s rules of procedure,
transmitted to the State party on 2 December
2014 (not issued in a document form)

Date of adoption of Views:

8 November 2017

Subject matter:

Removal to Sri Lanka

Procedural issues:

Admissibility; exhaustion of domestic remedies;
insufficient substantiation of claims

Substantive issues:

Right to life; torture, cruel, inhuman or
degrading treatment or punishment

Articles of the Covenant:

6 (1), 7 and 9 (1)

Articles of the Optional Protocol:

2, 3 and 5

1.1
The author is N.D.J.M.D, a national of Sri Lanka born on 17 February 1982 and
currently residing in Canada. The author is subject to removal to Sri Lanka, following the
rejection of his application for refugee status in Canada. The removal to Sri Lanka was
scheduled for 5 December 2014. The author claimed that his rights under articles 6 (1), 7
and 9 (1) of the Covenant would be violated if Canada were to proceed with his forcible
removal. The Optional Protocol entered into force for the State party on 19 August 1976.
The author is represented by counsel, Joseph W. Allen.
1.2
On 2 December 2014, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
* Adopted by the Committee at its 121st session (16 October–10 November 2017).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville, Christof Heyns, Yuji
Iwasawa, Ivana Jelić, Bamariam Koita, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais,
Yuval Shany and Margo Waterval. Pursuant to rule 90 of the Committee’s rules of procedure, Marcia
V.J. Kran, member of the Committee, did not participate in the examination of the communication.

GE.17-22834(E)

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