United Nations Human Rights Website - Treaty Bodies Database - Document - Juri... Page 12 of 15 was concerned by the possible arrival of released hijackers on its territory and wanted to identify them. Contrary to the assertions of the author that India was interested in his return, the State party has never received any indication of such interest. Even if India had shown interest in the return of the author, that would not have proved that he was at risk of torture. 13.5 With regard to the arrival of the author at the airport in Delhi, where it was stated that there were over 40 police and army officers waiting, the State party reiterates that the accompanying officer confirmed that the author was dealt with in a normal fashion. 13.6 The State party argues that the letter presented by the author to the Committee referring to his experience in India since his arrival is only an expression of his views and does not therefore constitute sworn or tested evidence. The Committee should give little weight to this document. It is also submitted that the alleged harassment endured by the author does not constitute evidence that he is at risk of torture. Moreover, at the time of the submission, the author had been back in India for almost two years and it seems that there was no change in the manner in which he had been treated by the authorities. 13.7 The State party notes that the author alleges that he is at risk of "persecution". Even though this expression may be a simple oversight on the part of the author, the State party recalls that the issue before the Committee is whether the author is at risk of "torture", not "persecution". It is contended that the risk of torture as defined in the Convention imposes a higher and more precise standard than the risk of persecution as defined in the 1951 Convention relating to the Status of Refugees. In the present case, the State party reiterates its view that the author is not at risk of torture. Additional comments made by the author 14.1 In further submissions dated 28 October 1998, 30 May 1999, 14 July 1999 and 26 November 1999, the author states that it is the policy of the State party to restrict the number of refugees entering its territory, so that since 1996 the rates of acceptance of refugee claimants has dropped dramatically, particularly for asylum-seekers from Punjab. Even though the author acknowledges the need to combat abuse from economic migrants and fraudulent claimants, that does not justify the unrealistically favourable portrayal of the situation in Punjab. 14.2 The author's counsel requests the Committee to consider a letter, dated 2 December 1998, written by the author, revealing the difficulties he has experienced since his return to India. The author states that he received threats from the police upon arrival from Canada for not having given them the information they wanted. He and his family have been harassed by the police so that he is not able to see them anymore. After he filed a complaint with the Punjab Human Rights Committee, he was forced to sign a statement absolving the police of any wrongdoing. According to counsel, these acts constitute "slow, methodical mental torture" and there is no need to wait for evidence of physical torture. 14.3 It is also disputed by counsel that the actions of the Indian CBI on his return to India do not constitute "mental torture". It is argued that the State party has to consider these actions together with the other difficulties faced by the author and his family since his arrival and the general human rights situation in India. Secondly, it is inappropriate for the State party to use ex post facto elements, i.e. that the author has not been tortured since his return to India, to justify its decision to expel the author. Counsel contends that the author is currently a victim of torture; but that even if that were not the case, the Committee should determine if the author was at substantial risk of torture at the time of his deportation from Canada. 14.4 Counsel argues that the author has provided enough evidence by his letter and his niece's affidavit that he has been at substantial risk of torture since he arrived in India and that the Indian authorities maintain a high level of interest in him. It is reaffirmed that the deportation of the author was a disguised extradition even though there was no request for one. 14.5 Counsel draws the attention of the Committee to additional sources that dispute the State http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/cfeacf290af5c026c125693d0038... 26.02.2008