CCPR/C/116/D/2314/2013 1.1. The author of the communication, Y, is a Sri Lankan national, born on 25 July 1986 and residing in Canada. He is subject to deportation to Sri Lanka, following the rejection of his application for refugee status in Canada. He claims that, by forcibly deporting him to Sri Lanka, Canada would violate his rights under articles 6 (1), 7 and 9 (1) of the International Covenant on Civil and Political Rights. The author is represented by counsel. The Optional Protocol entered into force for Canada on 19 May 1976. 1.2 On 9 December 2013, pursuant to rule 92 of the Committee’s rules of procedure, the Committee, acting through its Special Rapporteur on new communications and interim measures, requested the State party not to deport the author to Sri Lanka while his case was under consideration by the Committee. Factual background 2.1 Y is an ethnic Tamil and Hindu by faith from the Northern Province of Sri Lanka (Jaffna). He claims that, during the civil war in Sri Lanka, he was assaulted on several occasions as a result of his activities as a newspaper photographer documenting public events and celebrations and the human tragedies that were occurring daily for the Tamil people, such as abductions, death threats, shootings and white van kidnappings. He indicates that, from October 2006, he took photographs for the Uthayan newspaper in the Valikamam district (west area)1 and that he also sold photographs to the Namathi Eelandu newspaper. This activity drew the attention of the government authorities, including the Eelam People’s Democratic Party. The author alleges that he was first arrested in February 2007 at a demonstration held in protest against abductions and killings. His camera was taken and he was locked up in an army camp in Uduvil. He states that he was interrogated regarding his connections to the Liberation Tigers of Tamil Eelam and journalism work, warned to not get involved in sensitive events and told that he should only photograph public events like opening ceremonies. During this detention, the author was savagely assaulted, hit and kicked. His right arm was fractured and he fainted because of the pain he was suffering. On an unknown date, the author was left on a road. 2.2 The author continued to take photographs of acts of brutality in the area. These photographs were published under aliases. On 19 December 2007, he was stopped by three men on his way back home. They took him by force to an army camp, where he was threatened with a gun in his head.2 The author was held there for six days, during which time he was interrogated and threatened. He was then released with the help of his mother.3 In 2008, he applied for a pass to leave the country but that application was rejected. He therefore continued to work but was in constant fear. In September 2009, his home was raided and he was forced to report to the police once a week. The author claims that, every time he reported to the police station, he was harassed and threatened by the police and members of the Eelam People’s Democratic Party present there. The obligation to report to the police every week ended in April 2011. In May 2011, men in plain clothes attempted to abduct him at his home but stopped when neighbors intervened. The men told him to stop working for the newspaper. Fearing for his life, the author left Sri Lanka in July 2011. 1 2 3 2 The date when the author ended his work with Uthayan newspaper is not specified. However, he provides a copy of a one-year press identity card under his name issued on 1 January 2011 by the “New Uthayan Publication”. The author indicates that he believes that the men were members of the Eelam People’s Democratic Party. No further information is provided on that issue.