S.S. v. Switzerland

Communication № 1104/2021
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Deportation to Sri Lanka has been suspended pending the Committee’s decision on the complaint.
flag Switzerland / flag Sri Lanka / Committee against Torture
Case type: asylum

The complainant in the case is a national of Sri Lanka of Tamil origin (“S.S.”). The case concerns the denial of asylum and the deportation of the complainant from Switzerland to Sri Lanka.

Circumstances of the case

The complainant’s father is a former member of the Liberation Tigers of Tamil Eelam and his former colleague – the movement’s sympathiser. On the basis of these connections the police detained and tortured S.S. two times. 

In Switzerland, at the last asylum interview, the complainant indicated for the first time that he was homosexual.  

The Swiss authorities rejected S.S.’s application for asylum and ordered him to leave the country.

Complaint to the Committee against Torture

In the complaint we argued that upon return to Sri Lanka S.S. would run a real risk of being subjected to torture or other ill-treatment on account of his sexual orientation. We also indicated that the Swiss authorities failed to examine the complainant's risk of torture or other ill-treatment in Sri Lanka stemming from his homosexuality in a proper manner. We indicated that they did not consult the relevant case evidence and country information about persecution of homosexuals. On this basis we stated that the complainant’s deportation would violate articles 3 and 16 of the Convention against Torture.

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On 10 November 2021, the Committee indicated to the Government of Switzerland  an interim measure requesting it not to deport the complainant to Sri Lanka pending examination of his case.

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