CAT/C/59/D/582/2014 respect of his past detentions was provided. His claims were based only on allegations, found baseless by domestic decision makers, that his cousin had attracted the interest of local police because he had assisted individuals who had lost family members during the previous period of violence between police and militants in Punjab. 4.6 The State party submits that the complainant’s behaviour after his departure from India is inconsistent with his alleged fear of torture. He entered Canada on a work visa and waited three months before making a claim for protection. His decision not to claim protection at the first available opportunity, but to wait for a prolonged period of time and travel from Toronto to Montreal, having made a strategic choice to claim protection there, indicates that he did not have a subjective sense of fear necessitating protection. 4.7 The State party notes the marked improvement in the human rights situation of Sikhs in India, which means that it can no longer be argued that there is a general risk of illtreatment solely because of one’s real or perceived political opinion. Only those highprofile militants actively engaged in, or perceived to be engaged in or supporting, militant activity are likely to be of interest to the Indian central authorities. 6 India is a secular country where religious freedom is respected by the Government, and its citizens are not required to register their faith. Sikhs are able to practise their religion without restriction in every state, and Sikhs have achieved prominent official positions, including that of Prime Minister. Since the end of the political conflict in India which lasted until the mid-1990s, many country reports have supported the conclusion that only the highest-profile Sikh militants continue to be at risk of arrest or pursued outside the Punjab region. These militants are either leaders of a militant group or suspects in a terrorist attack. An individual would not be considered to be a high-profile militant simply as a result of having strong political views, being politically active or having a family member who is perceived as a high-profile militant.7 Country reports indicate that acts of harassment, arbitrary detention and torture by local police in the Punjab are most often not politically or religiously motivated toward a particular group or cause, but rather designed to extract bribes. The State party submits that, where an individual lacks any profile of interest to the central Indian authorities, internal relocation to other areas of India is a feasible option. Additionally, there is no general risk of ill-treatment for Sikh returnees, even where they express their ideological support for the establishment of an independent Sikh state of Khalistan.8 4.8 The State party argues that the complainant’s personal characteristics, including his lack of militancy or a high profile with the authorities, do not justify the conclusion that he would be unable to live safely in various other parts of India, or that his return would place him at a real risk of irreparable harm. After full consideration of both the complainant’s allegations — where serious credibility issues were identified — and the general situation in India as described in several reports, together with the existence of an internal flight alternative, the Immigration and Refugee Board concluded that he would not face any risk of ill-treatment if he were to be returned to India. Complainant’s comments on the State party’s observations 5.1 In comments dated 29 August 2014, the complainant argued that it is the responsibility of the Canadian border services to invite him to apply for a pre-removal risk 6 7 8 The State party cites United Kingdom of Great Britain and Northern Ireland, Home Office, Operational Guidance Note: India (May 2013). The State party cites United States, Bureau of Citizenship and Immigration Services, India: Information on Relocation of Sikhs from Punjab to Other Parts of India (16 May 2003). The State party cites United Kingdom, Immigration and Nationality Directorate, Home Office, Operational Guidance Note: India (September 2005). 5