Concerning J.A and J.I vs Denmark for violation of article 7 of CCPR.
The authors are twin brothers, ethnic Tamils and of Christian faith. Their father was a member of the Liberation Tigers of Tamil Eelam (LTTE) until he got married. In 2009 the author’s father was abducted by people who displayed the LTTE logo. Afterwards, the military forces moved closer to their village and the brothers, fled to Mullivaikal. However, one day, the military forces attacked Mullivaikal, which forced them to flee again. Thus the authors came to Denmark and applied for asylum.
The Refugee Appeals Board rejected the author’s’ application for asylum as they found that the fact that their father had been an active member of LTTE could not lead to the conclusion that the authors were at risk of persecution. Thus a complaint was sent to CCPR.
The Committee concluded that the authorities of the State party have not given appropriate consideration to the claim of the authors that they would be at risk of being subjected to torture or ill-treatment if removed to Sri Lanka as a result of the previous affiliation of their father with LTTE. Thus the committee is of the view that the deportation of the authors to Sri Lanka would violate their rights.
21. April 2020