CCPR/C/106/D/1912/2009
7.6
Indeed, it was for the IRB and PPRA officers to dispel any doubts that might have
persisted as to the cause of such scarring. 16 The State party failed to direct an expert
opinion as to the causes and age of the scars observed on the author’s chest and based its
decision to reject the author’s asylum claim merely on inconsistencies that are not central to
the general allegation faced by the author as an ethnic Tamil from the North of Sri Lanka.
7.7
The Committee is accordingly of the view that the material before it suggests that
insufficient weight was given to the author’s allegations of torture and the real risk he might
face if deported to his country of origin, in the light of the documented prevalence of torture
in Sri Lanka. Notwithstanding the deference given to the immigration authorities to
appreciate the evidence before them, the Committee considers that further analysis should
have been carried out in this case. 17 The Committee therefore considers that the removal
order issued against the author would constitute a violation of article 7 of the Covenant if it
were enforced.
7.8
In the light of its findings on article 7, the Committee does not deem it necessary to
further examine the author’s claims under article 9 of the Covenant.
8.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
author’s removal to Sri Lanka would violate his rights under article 7 of the Covenant.
9.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the author with an effective remedy, including a full
reconsideration of the author’s claim regarding the risk of treatment contrary to article 7,
should he be returned to Sri Lanka, taking into account the State party’s obligations under
the Covenant. The State party is also under an obligation to take steps to prevent similar
violations in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy in case a violation has been established, the Committee wishes to
receive from the State party, within 180 days, information about the measures taken to give
effect to the Committee’s Views. The State party is also requested to publish the present
Views and disseminate them broadly in the official languages of the State party.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
16
17
See ECHR, R.C. v. Sweden, Appl. No. 41827/07, Judgment of 9 June 2010, para. 53.
See communication No. 1763/2008 (footnote 14 above).
15