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UK in landmark Sri Lanka ruling | UK in landmark Sri Lanka ruling |
(about 19 hours later) | |
Sri Lankan Tamil asylum seekers in the UK are at risk of torture if returned to Sri Lanka, according to a landmark ruling by a British tribunal. | Sri Lankan Tamil asylum seekers in the UK are at risk of torture if returned to Sri Lanka, according to a landmark ruling by a British tribunal. |
An asylum and immigration tribunal on Monday upheld an appeal by a Sri Lankan refugee known only as Mr LP. | An asylum and immigration tribunal on Monday upheld an appeal by a Sri Lankan refugee known only as Mr LP. |
The ruling is also intended to offer guidance for similar cases in the UK. | The ruling is also intended to offer guidance for similar cases in the UK. |
Mr LP's lawyers argued that he was at risk of torture if he returned home because of his perceived support for Tamil Tiger separatists. | Mr LP's lawyers argued that he was at risk of torture if he returned home because of his perceived support for Tamil Tiger separatists. |
'Substantive weight' | 'Substantive weight' |
"This is the first such judgement after the breakdown of the Sri Lankan Cease Fire Agreement (CFA) signed in 2002," said Arun Gananathan, a lawyer from the firm who represented Mr LP. | "This is the first such judgement after the breakdown of the Sri Lankan Cease Fire Agreement (CFA) signed in 2002," said Arun Gananathan, a lawyer from the firm who represented Mr LP. |
The fact that the Tamil Tigers are banned in the UK should not affect Sri Lankan asylum seekers who are their supporters Barrister Fritz Kodagoda | The fact that the Tamil Tigers are banned in the UK should not affect Sri Lankan asylum seekers who are their supporters Barrister Fritz Kodagoda |
He said that the judgment has set a precedent for future cases about Sri Lankan asylum seekers. | He said that the judgment has set a precedent for future cases about Sri Lankan asylum seekers. |
"However, the tribunal has made it clear that every case need to be assessed individually," Mr Gananathan said. | "However, the tribunal has made it clear that every case need to be assessed individually," Mr Gananathan said. |
The tribunal ruled that a 2006 UN High Commission for Refugees (UNHCR) report on Sri Lankan asylum seekers could be used as the basis for providing protection to Mr LP in the UK. | The tribunal ruled that a 2006 UN High Commission for Refugees (UNHCR) report on Sri Lankan asylum seekers could be used as the basis for providing protection to Mr LP in the UK. |
The British Home Office had argued against this. | The British Home Office had argued against this. |
"Individuals suspected of having (rebel) Tamil Tiger affiliations are at risk of human rights abuses by the authorities or government-sponsored paramilitary groups," the UNCHR report had said. | "Individuals suspected of having (rebel) Tamil Tiger affiliations are at risk of human rights abuses by the authorities or government-sponsored paramilitary groups," the UNCHR report had said. |
The tribunal ruled that the report carried "substantive weight". | The tribunal ruled that the report carried "substantive weight". |
Under earlier rulings, only those who were "actively engaged" with the Tamil Tigers were considered genuinely capable of arguing that they faced persecution by the Sri Lankan authorities. | Under earlier rulings, only those who were "actively engaged" with the Tamil Tigers were considered genuinely capable of arguing that they faced persecution by the Sri Lankan authorities. |
Endangered | Endangered |
But the ruling on Wednesday said that Tamil Tiger sympathisers - including relatives and those who have not actively taken part in combat - are also in danger. | But the ruling on Wednesday said that Tamil Tiger sympathisers - including relatives and those who have not actively taken part in combat - are also in danger. |
The Tigers are fighting in the north and east of Sri Lanka | The Tigers are fighting in the north and east of Sri Lanka |
The Tigers are fighting for a separate state in the north and east of Sri Lanka. They are banned in the UK as a terrorist outfit. | The Tigers are fighting for a separate state in the north and east of Sri Lanka. They are banned in the UK as a terrorist outfit. |
"According to the ruling, the fact that the Tamil Tigers are banned in the UK will not affect Sri Lankan asylum seekers who are their supporters," said Fritz Kodagoda, a Sri Lankan barrister in London. | "According to the ruling, the fact that the Tamil Tigers are banned in the UK will not affect Sri Lankan asylum seekers who are their supporters," said Fritz Kodagoda, a Sri Lankan barrister in London. |
Over 60 Sri Lankan asylum seekers have been on hunger strike over their planned repatriation to Sri Lanka from several UK detention camps. | Over 60 Sri Lankan asylum seekers have been on hunger strike over their planned repatriation to Sri Lanka from several UK detention camps. |
The asylum seekers said their lives would be in danger if they are forced back. | The asylum seekers said their lives would be in danger if they are forced back. |
Human rights groups say both the government and the rebels have committed abuses against each other's supporters. | Human rights groups say both the government and the rebels have committed abuses against each other's supporters. |
The Sri Lanka government strongly denied a recent report by Human Rights Watch that accused the security forces of gross human rights violations. |
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