CAT/C/60/D/648/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
22 June 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention concerning communication No. 648/2015*, **
Communication submitted by:
S.S. (represented by counsel, Rasan T. Selliah)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
14 October 2014 (initial submission)
Date of present decision:
10 May 2017
Subject matter:
Deportation to Sri Lanka
Procedural issue:
Admissibility — manifestly unfounded
Substantive issue:
Non-refoulement
Articles of the Convention:
3 and 22
Background
1.1
The complainant is S.S., a national of Sri Lanka, born in 1980. He claims that if it
proceeds with his deportation to Sri Lanka, Australia would violate article 3 of the
Convention. The State party made the declaration under article 22 of the Convention on 28
January 1993. The complainant is represented by counsel, Rasan Selliah.
1.2
On 7 January 2015, in application of rule 114, paragraph 1, of its rules of procedure,
the Committee requested the State party to refrain from deporting the complainant to Sri
Lanka pending the consideration of his case. On 27 July 2016, the State party requested the
Committee to lift its request for interim measures. On 21 September, the Committee
rejected this request.
Facts as presented by the complainant
2.1
The complainant is a Tamil of Hindu religion. He was born in Kalmunai in the
Eastern Province of Sri Lanka. He worked in the jewellery business in Colombo. In 2006,
due to the escalation of political troubles and the increase in criminal activities, including
abductions and extortions of money from Tamils, he attempted to obtain a visa for Australia
through a friend who was an “agent”. He was introduced to “a minister”. Papers were
signed and handed over to the minister.
2.2
Five days later, the complainant was arrested by agents of the Criminal Investigation
Department and detained for five days on the fourth floor of its headquarters, 1 where he was
beaten and tortured. The officers wanted to know why the complainant had tried to leave
the country and if he was a member of the Pirapaharan or the Karuna faction of the
1
The complainant states that this location is notorious for its methods of interrogation and torture.
GE.17-10398(E)