CCPR/C/121/D/2487/2014 measures, requested the State party to refrain from removing the author to Sri Lanka while his case was under consideration by the Committee. 1.3 On 3 July 2017, the Committee, acting through its Special Rapporteur on new communications and interim measures, denied the State party’s request to lift the interim measures. The facts as presented by the author 2.1 The author indicates that he used to work as a cook and as a sailor in Sri Lanka. On 30 May 2011, he was present at a demonstration in the “free trade zone” area, along with his girlfriend and his cousin, R.C., who were working in the area. The police suddenly started shooting at the demonstrators and his cousin was killed. The author witnessed his cousin’s death during the shootout. The author arranged for an ambulance to take his cousin to hospital, but it was too late and he died.1 2.2 The author provided eyewitness evidence to the trade union leaders of the free trade zone companies, who had decided to take legal action against the police for the deadly attack. The Catholic priest of the area also made a complaint to the Asian Human Rights Commission.2 2.3 On 10 June 2011, the author started receiving threats by telephone telling him to stop his “activities against the Government and the police”. He ignored these threats as he wanted to bring his cousin’s murderers to justice. 2.4 On 28 June 2011, four men forcibly entered the author’s home, beat him, tied him up and blindfolded him. They took the author to another location and questioned him about the information he had given to the trade union lawyers. During his detention, the author was verbally abused and beaten until he lost consciousness. When he regained consciousness, the author found himself in a three-wheeler taxi, whose driver had found him on the side of a road and drove him home. 2.5 The following day, the author’s parents took him to the Negombo hospital. They were told that the author should have filed a complaint to the police prior to going to the hospital. Thereafter, the author decided to visit an indigenous medical doctor. 3 2.6 The author’s father hired a lawyer to represent his son. When the lawyer contacted the Sri Lankan police, he was told that the author’s life would be in danger should he stay in Sri Lanka. The author’s father decided to send him to Kandy to stay with family members. He then paid a “private ship” to take the author to Algeria, where he joined a ship sailing to Canada. 2.7 On 27 November 2011, the author arrived in Canada and on 1 December he left the ship with the intention of filing a claim for asylum. He waited for the ship to leave the port, fearing that he would be forced to return on it. On 16 December, he submitted his claim for international protection. However, the captain of the ship had already notified the Canadian authorities of the author’s absence and an exclusion order was issued against him in abstentia on 13 December, making him ineligible to claim refugee protection.4 On 6 March 2012, the author was notified by a Canada Border Services Agency officer that his refugee claim was inadmissible. 2.8 The author filed an application for leave to seek judicial review at the Federal Court of the decision. On 20 September 2012, the leave application was granted and a hearing was scheduled for 11 December. 1 2 3 4 2 Author’s statement filed with his pre-removal risk assessment, 20 September 2012. Ibid. The author provided a handwritten medical certificate in the form of a brief note, stating that the author was treated from 1 to 7 July 2011 “for his physical injuries due to swelling”. The State party explains that, according to section 223 of the Immigration and Refugee Protection Regulations, an exclusion order is a type of removal order, and such an order was issued in the present case pursuant to subsections 44 (2) and 228 (1) (c) (v) of the Regulations.

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