CCPR/C/133/D/3212/2018 United Nations International Covenant on Civil and Political Rights Distr.: General 21 December 2021 Original: English Advance unedited version Human Rights Committee Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 3212/2018*,** Communication submitted by: Alleged victims: Thileepan Gnaneswaran (represented by counsel, Umesh Perinpanayagam) The author State party: Australia Date of communication: 16 July 2018 (initial submission) Document references: Decision taken pursuant to rule 92 of the Committee’s rules of procedure, transmitted to the State party on 17 July 2018 (not issued in document form) Date of adoption of Views: 27 October 2021 Subject matter: Deportation of a husband/father to Sri Lanka Procedural issues: Lack of substantiation; interim measures Substantive issues: Torture; cruel, inhuman or degrading treatment or punishment; family rights; separation of children from parents Articles of the Covenant: 7; and article 17 in conjunction with article 23; Articles of the Optional Protocol: 2 1.1 The author of the communication is Thileepan Gnaneswaran, a national of Sri Lanka born in 1988. He claims that the State party has violated his rights under article 7 and article 17 in conjunction with article 23 of the Covenant. The Optional Protocol entered into force for Australia on 25 December 1991. The author is represented by counsel. 1.2 On 17 July 2018, pursuant to rule 92 of its rules of procedure (now rule 94), the Committee, acting through its Special Rapporteur on New Communications and Interim Measures, requested the State party to refrain from deporting the author to Sri Lanka while his case was under consideration by the Committee. On 3 August 2018, the State party informed the Committee that at the time the interim measures request was received, the author was no longer under its jurisdiction or control because he had already been deported * Adopted by the Committee at its 133rd session (11 October - 5 November 2021). ** The following members of the Committee participated in the examination of the communication: Wafaa Ashraf Moharram Bassim, Yadh Ben Achour, Arif Bulkan, Mahjoub El Haiba, Furuya Shuichi, Carlos Gomez Martinez, Duncan Laki Muhumuza, Photini Pazartzis, Vasilka Sancin, José Manuel Santos Pais, Changrok Soh, Kobauyah Tchamdja Kpatcha, Hélène Tigroudja, Imeru Tamerat Yigezu, and Gentian Zyberi.