CAT/C/59/D/582/2014
security agencies were searching for him, alleging that he was a supporter of Sikh terrorists
in Punjab, and the fact that his parents had been arrested on 16 December 2013, threatened
and tortured. The complainant could have presented any new evidence of personal risk to
the domestic decision makers. Therefore, domestic remedies had not been exhausted.
4.3
The State party explains that the Immigration and Refugee Board rejected the
complainant’s claim for protection on the basis that his allegations were non-credible and
that he had an internal flight alternative. The complainant provided contradictory and vague
explanations when asked about the documents on the basis of which he intended to file a
complaint against the police for their brutal behaviour in 2011, leading the panel to
conclude that the complainant had not, in fact, consulted a lawyer and that the police were
not looking for him in connection with any such consultation. The panel also found
contradictions in the complainant’s explanations of the means by which he obtained a visa
for Canada, and considered that he was unable to explain his intentions in coming to
Canada and his reasons for claiming refugee protection in October 2011. The complainant
testified that his family had frequently relocated since January 2012 because of police
harassment. However, although he said he spoke to them regularly, he did not know where
they were currently located. The Board found it notable that the complainant had been
released by local police on two occasions after paying a bribe, that there were no
outstanding criminal charges against him and that he had never engaged in political or
partisan activities that could link him to a militant or terrorist group. His profile was,
therefore, not that of a person who would be sought nationally. Had the complainant in fact
been associated with the Ranjit Singh Neeta group, whether on his own account or through
his cousin, he would not have been released from detention, because terrorist groups are a
priority of the Government of India. In the light of the strict border controls in place in
India and the fact that the author left the country using his own passport, the Board did not
believe that the author’s name was in the database of suspected criminals that is checked
prior to the departure of any traveller. The Board concluded, on the balance of probabilities,
that the author was not wanted by the central authorities in India.
4.4
The State party claims that the communication is manifestly unfounded. First, the
complainant has not provided sufficient evidence to substantiate his claim that he was
detained and tortured in December 2008 and March 2011. To support his claim, he relies on
an affidavit dated 7 November 2012 from the head of his village, which states that he and
another person, Manpreet Singh, were arrested and tortured on different occasions. No
specific dates or details are given, and the contents are generally vague. The complainant
also submitted letters from doctors at two different hospitals, dated 25 October 2012 and
2 November 2012. Both contained identical text and described the complainant’s injuries
but not their apparent cause. The fact that the text was duplicated called into question their
veracity and, in any case, they were drafted more than a year and a half after the
complainant was allegedly treated, and there was no claim that they were based on any
medical records. Additionally, the complainant submitted two almost identical letters from
lawyers in India, indicating that he and his father had visited them on 19 April 2011 to
discuss filing a claim against the police. According to the State party, these letters should
not be given any probative value, as they are almost identical, did not provide any dates for
the events described and did not claim to be based on any personal knowledge of the
complainant’s alleged detention or torture.
4.5
Even if the complainant’s allegations that he was tortured in the past were accepted
as proven, he has not provided any evidence to substantiate a personal risk of torture in the
future. He left Punjab three years ago. He has not claimed to be a high-profile Sikh militant
or to have any association with, or knowledge of, Sikh militants. At no time has he claimed
that the police believed that he, personally, had engaged in militant activities. It is therefore
highly unlikely that any risk that might once have existed for him in Punjab would still
exist upon his return. No warrant or record of any court appearance by the complainant in
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