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)