Eelam People’s Democratic Party case

Concerning J.N. vs Denmark for violation of articles 3 and 22 of CAT.

The complaint originates from Sri Lanka. The main reason for the complainant’s asylum claim is a conflict with the Eelam People’s Democratic Party (EPDP) in connection with his son V. Both his sons were forced to train with Liberation Tigers of Tamil Eelam (LTTE) in return for support provided after the tsunami. When EPDP found out that the V was training with LTTE, they called V for interrogation and tortured him. After that V disappeared and the applicant was summoned and beaten by the EPDP. They threatened the complainant that if he did not bring V to them, they will execute the complainant.

The refugee board rejected the complainant’s application for asylum and thus a complaint was sent to CAT. The committee noted the 55 cases in which individuals who had returned to Sri Lanka from the United Kingdom during the 2009-2015 period were subsequently detained and tortured by the Sri Lankan authorities. 54 of the 55 cases a past connection with LTTE appeared to have been a contributory factor in their detention. Thus the committee concluded that there are substantial grounds for believing that the complainant would face a foreseeable, real and personal risk of being subjected to torture by the authorities if returned to Sri Lanka. The committee is of the view that the State party has an obligation, in accordance with article 3 of the Convention, to refrain from forcibly returning the complainant to Sri Lanka or to any other country where there is a real risk of him being expelled or returned to Sri Lanka.

24. March 2020

CAT 628/2014
  • Decision: 12. August 2016
  • Comm: Torture