The Supreme Court concluded that Mr Suresh had made a prima facie case showing a substantial risk of torture if deported to Sri Lanka. The Court accepted Amnesty International’s view that torture in Sri Lanka is widespread, particularly against persons suspected of membership in the LTTE. In December, Amnesty also pointed out that there are frequent reports of arbitrary arrests, torture, disappearances and extra-judicial executions. The Supreme Court said that the Refugee Convention, on its face, does not categorically reject deportations to torture, but it should not be used to deny rights guaranteed to everyone by other legal instruments. Refugees should be provided written reasons for the decision of the Minister and an opportunity to challenge the Minister’s case, including the value of assurances of foreign governments that the deportee will not face torture.
International law generally rejects removal to torture even where national security interests are at stake. The court noted that the House of Lords had rejected torture as a legitimate tool in combating terrorism and protecting national security. The Court ordered that Mr Suresh is entitled to a new deportation hearing.