CAT/C/59/D/652/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
24 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 652/2015*, **
Communication submitted by:
E.S. (not represented by counsel)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
19 January 2015 (initial submission)
Date of present decision:
6 December 2016
Subject matter:
Deportation to Sri Lanka
Procedural issue:
Level of substantiation of claims, ratione
materiae
Substantive issues:
Non-refoulement; risk of torture upon return to
country of origin
Article of the Convention:
3
1.1
The complainant is E.S., a national of Sri Lanka born in 1973, pending deportation
from the State party to Sri Lanka. The complaint raises issues under article 3 of the
Convention. He is not represented by counsel. Australia made the declaration under article
22 of the Convention on 28 January 1993.
1.2
On 21 January 2015, pursuant to rule 114, paragraph 1, of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures,
requested the State party not to expel the complainant while his case was being considered
by the Committee.
Factual background
2.1
The complainant submits that he is a Christian Tamil from Batticaloa District, in the
Eastern Province of Sri Lanka. He alleges that his father was taken by the Indian
Peacekeeping Force in 1988, during a period of repression against Tamils. He was
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** 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, Sébastian Touzé and Kening Zhang.
GE.17-01067(E)