CAT/C/46/D/336/2008
promulgation. Even after the assassination of the Prime Minister Beant Singh on 31 August
1995, the situation remained calm. As of 1995, the police in Punjab had been under scrutiny
and, following an order of the Supreme Court, a Central Bureau of Investigation had started
more than 1000 procedures against police officers. The newly elected government in 1997
announced that it would take measures against police officers at fault and that it would
compensate the victims.
4.6
Concerning the poster with pictures of wanted terrorists, allegedly issued by the
Indian police, the State party submits that the complainants did not deliver the original to
the Swiss authorities, but presented a copy, on which it was not possible to identify whether
any of the complainants’ photos were present. Additionally the poster was not dated and it
seemed improbable that the authorities would be looking for the complainants in that
manner twenty years after the airplanes’ hijackings.
4.7
Concerning the copies of the articles submitted by the complainants in support of the
allegation that their names and activities were known to the Indian authorities, the State
party submits that such copies have no evidentiary value and that the complainants could
have easily obtained the originals and submitted them to the Swiss authorities at an earlier
stage of the proceedings.
4.8
The State party submits that, even if the Indian criminal justice authorities were still
looking for the complainants at present, that in itself would not be sufficient to conclude
that they would be subjected to treatment contrary to the Convention. The Indian justice
system is based on the British model and can be qualified as independent. Therefore, the
complainants could hire attorneys and defend themselves. There is no evidence that they
would be at a disadvantage because of their political activities. The State party also submits
that seven individuals, who had participated in an airplane hijacking in 1984, had been
deported to India, sentenced to life imprisonment, but had been liberated after 12 years and
were never persecuted.5 It maintains that numerous Sikh militants are back in India, that
the Sikh movement has been “largely normalized” and that today Sikhs are a recognized
religious minority, benefitting from effective constitutional protection. In addition, Sikhs
live in great numbers in different states and therefore they have the option to relocate to an
Indian state other than their state of origin. The State party notes that the current Prime
Minister of India is Sikh.6
4.9
Regarding the political activities of the complainants in Switzerland, the State party
submits that they did not demonstrate that they have participated in activities aiming to
overthrow by force the democratic institutions, but rather that they were involved in nonviolent political activities. It maintains that such activities are protected by the Indian
Constitution and tolerated in practice and that they can not constitute grounds to fear
treatment which is contrary to the Convention.
4.10 The State party maintains that there are no serious reasons to fear that the
complainants would be exposed to real, concrete and personal risk of being tortured if
returned to India. It submits that the Committee should find that the deportation of the
complainants to India would not amount to a violation of article 3 of the Convention.
Complainants’ comments
5.1
On 28 October 2008, the complainants note that the State party does not dispute the
facts as submitted by them and that it accepts that the Indian anti-terror police might be
5
The State party refers to an article in BBC News dated 3 July 2007.
The State party makes reference to the Country of Origin Information Report India of the British
Home Office, Border and Immigration Agency, dated 31 January 2008, p. 87.
6
6