ICCPR Case Digest

CCPR/C/127/D/2276/2013

Communication

2276/2013

Submission: 2013.07.20

View Adopted: 2019.10.24

D.N. v. Canada

Allegation of ill-treatment if returned to Sri Lanka, Committee could not find manifest error or denial of justice on the part of the domestic authorities

Substantive Issues
  • Asylum / refugee status determination
  • Deportation
  • Exhaustion of domestic remedies
  • Liberty and security of person
  • Right to family
  • Right to life
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 23
  • Article 24
  • Article 6
  • Article 7
  • Article 9
Full Text

Facts

The author is a Sri Lankan national of Tamil ethnicity who had been denied asylum by the state party, and claims that his deportation to Sri Lanka would amount to a violation of his rights under articles 6, 7, 9, 23 and 24 of the Covenant.

The author moved to Canada following persecution in his home village in Sri Lanka, where he was subject to beatings and questioned about his involvement with the LTTE (Liberation Tigers of Tamil Eelam), and later detained and ill-treated in a camp for internally displaced persons. The author alleges that if he returned as a failed asylum seeker, he would be subject to this treatment again. 

Merits

The Committee noted the authors claims however found the investigation conducted by Canadian authorities to be robust - in determining that not all young Tamil males face a real and personal risk of persecution. Further, the Committee noted that only certain individuals who are suspected of having links to LTTE may be in need of international protection.

In this case, the Committee noted that the author argues that he had no link to the LTTE, nor that he had participated, supported, or involved in any of the LTTE activities. On this basis, the Committee could not find any clear error or arbitrary assessment which would result in a manifest error or denial of justice on the part of the domestic authorities, and therefore no violation of the respective rights of the Covenant.

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