CAT/C/36/D/273/2005
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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.