ICCPR Case Digest

CCPR/C/127/D/2484/2014

Communication

2484/2014

Submission: 2014.11.26

View Adopted: 2019.10.24

S.K. v. Canada

Allegations of torture if removed from Canada to Sri Lanka, no violation as claims unsubstantiated

Substantive Issues
  • Arbitrary detention
  • Exhaustion of domestic remedies
  • Failure to substantiate claim
  • Non-refoulement
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 6.1
  • Article 7
  • Article 9.1
Full Text

Facts

The author is a Sri Lankan national, whom applied for asylum in Canada and was subsequently rejected. The author claims if he is removed to Sri Lanka he will face a real risk of torture and death at the hand of the authorities, and therefore removal would violate Canada's obligations under article 6(1), 7 and 9(1) of the Covenant. 

Merits

The Committee noted the authors field work for an NGO in Sri Lanka documenting evidence about women in detention, and owing to this work, he recieved threats from Sri Lankan soldiers on numerous occasions. However, the Committee noted that   domestic decision makers had conducted a rigorous pre-removal risk assessment that found the author's claims ubsubstantiated. 

The Committee found that the author had failed to substantiate that his removal would constitute a real and personal risk, and further that they could not find any evidence of a manifest error or denial of justice on the part of the authorities. On this basis, the Committee found no violation of the Covenant if the author were removed to Sri Lanka.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese