CAT/C/36/D/273/2005 Page 4 2004. The second PRRA was denied on 8 June 2005. The complainant was advised that he was to complete his departure requirements on 18 June 2005. An application for leave and judicial review of this PRRA decision was filed at the Federal Court on 30 June 2005. A motion to stay the removal was filed in the Federal Court on 8 July 2005. In the meantime, the complainant was notified by the Canada Border Services Agency that a travel document to Myanmar had been obtained on his behalf, and that he was scheduled to be deported on 18 July 2005 1. 2.6 On 15 July 2005 the Federal Court granted the stay of execution of the removal order, on the basis that the officer who performed the complainant’s PRRA assessment had attributed little weight to the arrest warrant and had not clearly indicated whether the warrant was genuine or not. 2.7 In light of this finding, on 3 August 2005 the Special Rapporteur on new communications and interim measures of the Committee lifted the provisional interim measures previously issued by the Committee. The complaint: 3.1 The complainant argues that he would be at risk of arbitrary arrest, beatings and torture if he were returned to Myanmar, where human rights violations within the meaning of article 3, paragraph 2, of the Convention are said to be frequent. 3.2 Counsel refers to the U.S. Department of State Report for Burma (2004) and its reports of the human rights violations in Myanmar, including the fact that in January 2004 seven students who had formed an illegal football ‘union’ were given sentences ranging from seven to fifteens years imprisonment. Counsel also provides reports from non-governmental sources containing information on the human rights situation in Myanmar, and that those suspected of pro-democratic political activity are killed, arrested and detained without trial. Counsel refers to evidence from a medical training program manager at the Inter national Rescue Committee confirming that the Burmese government regularly detains those deportees that it believes left Myanmar for political reasons. 3.3 The complainant highlights that he has been active in pro-democratic Burmese groups since his arrival in Canada. Specifically, he is involved in the Action Committee for Free Burma, is a supporter of the National League for Democracy, the Burmese Children Fund as well as the Myanmar Heritage Cultural Association. There is currently a warrant out for his arrest in Myanmar for his involvement with the soccer ‘union’. In addition, the complainant argues that the fact the Canadian authorities have applied for, and received, a passport on his behalf has alerted the Myanmar authorities. State party’s observations on admissibility: 4.1 On 21 December 2005, the State party contested the admissibility of the communication on two grounds. Firstly, it argues that the complainant has not exhausted domestic remedies. On 26 October 2005 the Federal Court granted the complainant’s application for leave to apply for judicial review of the decision on his pre-removal risk assessment (PRRA). The hearing on the application for judicial review was scheduled for 24 1 The State party subsequently informed the Committee that the removal order had not been enforced.

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