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.

Select target paragraph3