CAT/C/58/D/595/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman or
Degrading Treatment
or Punishment
Distr.: General
16 September 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 595/2014*, **
Communication submitted by:
D.M. (represented by counsel, John Phillip
Sweeney)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
8 April 2014 (initial submission)
Date of present decision:
8 August 2016
Subject matter:
Deportation to Sri Lanka; risk of torture
Substantive issues:
Non-refoulement
Procedural issues:
Admissibility — manifestly unfounded
Articles of the Convention:
3 and 22
1.1
The complainant is D.M., a national of Sri Lanka born in 1991. He was not granted
refugee status in Australia. He claims that if he is deported to Sri Lanka he will face a risk
of torture, in violation of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. At the time of the submission of his
complaint, his deportation to Sri Lanka was imminent. The complainant is represented by
counsel, John Phillip Sweeney.
1.2
On 8 April 2014, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party not to deport the complainant to Sri Lanka
while the complaint was being considered by the Committee. On 2 May 2016, following a
request by the State party dated 31 March 2016, 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 examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude HellerRouassant, Jens Modvig, Ana Racu, Sébastien Touze and Kening Zhang.
GE.16-16028(E)