CAT/C/46/D/336/2008
not only of being subjected to torture but of no longer having the legal possibility of
applying to the Committee for protection. 19
11.8 In the light of the foregoing, the Committee concludes that the complainants have
established a personal, present and foreseeable risk of being tortured if they were to be
returned to India. The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment,
therefore concludes that, under the circumstances, the complainants’ removal to India
would constitute a violation of article 3 of the Convention.
11.9 As the cases of the families of the first and second named complainants are
dependent upon the cases of the latter, the Committee does not find it necessary to consider
these cases separately.
12.
In conformity with article 118, paragraph 5, of its Rules of procedure, the
Committee wishes to be informed, within 90 days, on the steps taken by the State party to
respond to these Views.
[Adopted in English, French, and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee's
annual report to the General Assembly.]
19
See also Communication No. 13/1993, Mutombo v. Switzerland, decision adopted on 27 April
2994, paragraph 9.6.
11