CCPR/C/106/D/1912/2009
Annex
Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political Rights (one hundred and
sixth session)
concerning
Communication No. 1912/2009 ∗∗
Submitted by:
Ganesaratnam Thuraisamy
counsel, Kathleen Hadekel)
(represented
Alleged victim:
The author
State party:
Canada
Date of communication:
28 October 2009 (initial submission)
by
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 31 October 2012,
Having concluded its consideration of communication No. 1912/2009, submitted to
the Human Rights Committee by Ganesaratnam Thuraisamy under the Optional Protocol to
the International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5, paragraph 4, of the Optional Protocol
1.1
The author of the communication is Ganesaratnam Thuraisamy, a Tamil of Sri
Lankan citizenship, who was born in 1949 in Sri Lanka (Northern Province). He claims that
his deportation from Canada to Sri Lanka would amount to a violation of articles 6,
paragraph 1, 7 and 9, paragraph 1, of the Covenant. The author is represented by counsel,
Kathleen Hadekel. 1
1.2
On 4 November 2009, pursuant to rule 92 of its Rules of Procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
∗∗
1
2
The following members of the Committee participated in the examination of the present
communication: Mr. Yadh Ben Achour, Mr. Lazhari Bouzid, Mr. Ahmad Amin Fathalla, Mr. Cornelis
Flinterman, Mr. Yuji Iwasawa, Mr. Walter Kaelin, Ms. Zonke Zanele Majodina, Ms. Iulia Antoanella
Motoc, Mr. Gerald L. Neuman, Mr. Michael O’Flaherty, Mr. Rafael Rivas Posada, Sir Nigel Rodley,
Mr. Fabian Omar Salvioli, Mr. Marat Sarsembayev, Mr. Krister Thelin and Ms. Margo Waterval.
The text of an individual (dissenting) opinion by Mr. Krister Thelin is attached to these views.
The Optional Protocol entered into force for Canada on 19 May 1976.