CAT/C/61/D/713/2015 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. 713/2015*, ** Communication submitted by: Y.R. (represented by counsel) Alleged victim: The complainant State party: Australia Date of complaint: 27 October 2015 (initial submission) Date of adoption of decision: 3 August 2017 Subject matter: Deportation to Sri Lanka Substantive issue: Non-refoulement; torture prevention Procedural issue: Lack of substantiation Articles of the Convention: 3 and 22 1.1 The complainant is Y.R., a Sri Lankan national of Tamil origin, born in 1989 in Sri Lanka. He sought asylum in Australia but his application was rejected and he risks deportation to Sri Lanka. He claims that his deportation would put him at the risk of torture by Sri Lankan authorities and would constitute a violation by Australia of article 3 of the Convention. 1.2 On 12 November 2015, 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. On 19 June 2017, the request for interim measures was lifted. The facts as presented by the complainant 2.1 The complainant was born in Valachchenai, Sri Lanka, in 1989. Between 1997 and 2001, the complainant’s family home was taken by the Sri Lanka Army. On an unspecified date, his father went to Saudi Arabia to work. His mother managed to get back their home in 2001. After that, army officers started harassing the complainant on his way to and from school. On several occasions, on unspecified dates, the complainant was detained at checkpoints and beaten with sticks. In 2002, when the complainant and his family were visiting a relative, their home was burnt by the Sri Lanka Army. After that, the complainant and his family became supporters of Tamil National Alliance. His mother is a member of the temple committee in their locality. The complainant supported the Alliance in the * 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: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang. GE.17-16173(E) 

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