CAT/C/61/D/659/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
15 September 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 659/2015*, **
Communication submitted by:
R.R.L. (represented by counsel, Rachel Benaroch)
Alleged victims:
The complainant, his wife, D.R.L., children,
L.S.L., L.P.L., L.V.L. and L.D.L., and a
daughter-in-law, P.S.A.
State party:
Canada
Date of complaint:
2 February 2015 (initial submission)
Date of present decision:
10 August 2017
Subject matter:
Deportation to Sri Lanka
Substantive issue:
Non-refoulement
Procedural issues:
Non-exhaustion; non-substantiation of claims
Article of the Convention:
3
1.1
The complainant is R.R.L., a Sri Lankan national of Tamil ethnicity, born in 1966.
He submits a complaint in his own name, as well as on behalf of his wife, D.R.L. (born in
1969), their four children, L.S.L. (born in 1991), L.P.L. (born in 1995), L.V.L. (born in
1995) and L.D.L. (born in 2000), and a daughter-in-law, P.S.A. (born in 1992). They were
all born in the Eastern Province, Sri Lanka, and are Christians.1 At the time of submission
of the complaint, they were awaiting deportation to Sri Lanka, following the rejection of
their asylum application by the Canadian authorities. The complainant claims that his and
his family’s deportation to Sri Lanka would constitute a violation by Canada of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel, Rachel Benaroch.
1.2
On 16 February 2015, pursuant to rule 114, paragraph 1, of its rules of procedure
(CAT/C/3/Rev.6), the Committee, acting through its Rapporteur on new complaints and
interim measures, requested the State party not to deport the complainant and his family to
Sri Lanka, while the complaint was being considered by the Committee. On 29 October
2015, the Committee, acting through the same Rapporteur, denied the State party’s requests
of 12 June 2015 and 14 August 2015 to lift interim measures.
* Adopted by the Committee at its sixty-first session (24 July-11 August 2017).
** The following members of the Committee participated in the examination of the communication:
1
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
The complainant’s daughter-in-law, originally a Muslim, converted to Christianity on 1 August 2012,
the day she married the complainant’s son, L.S.L.
GE.17-16198(E)