CAT/C/57/D/583/2014
management and health-care technology programme; he never alleged that he had been
affiliated with any political or militant activities; and he had no difficulty leaving India on a
valid passport and with a Canadian student visa, despite allegedly being suspected by police
of conspiring to assassinate a leader.
7.5
The Committee takes note of the documentation provided by the complainant to
substantiate that he was subjected to torture. However, the Committee notes that the State
party’s competent authorities thoroughly evaluated the evidence presented by the
complainant and found it to be of limited probative value due to its content and timing. 14 In
addition, the Committee observes that the complainant did not present any documentary
evidence that there are any criminal proceedings pending against him or that the Indian
authorities have issued a warrant for his arrest. 15 The Committee considers that the State
party’s authorities adequately explored the fundamental aspects of the complainant’s claims
before drawing an adverse conclusion as to his credibility. The Committee therefore does
not attribute material weight to the complainant’s assertion that, although he left India in
January 2010, the authorities in Punjab continue to harass and interrogate his family
members in order to ascertain his whereabouts. The Committee recalls paragraph 5 of its
general comment No. 1, according to which the burden of presenting an arguable case is on
the author of a communication; it considers that the complainant has not fulfilled this
burden of proof.
8.
In the light of the considerations above, and on the basis of all the information
submitted by the parties, the Committee considers that the complainant has not provided
sufficient evidence to enable it to conclude that his forcible removal to India would expose
him to a foreseeable, real and personal risk of torture within the meaning of article 3 of the
Convention.
9.
The Committee, acting under article 22 (7) of the Convention, therefore concludes
that the complainant’s removal to India would not constitute a breach of article 3 of the
Convention.
14
15
8
See para. 4.5 above.
See communication No. 555/2013, Z. v. Denmark, decision adopted on 10 August 2015, para. 7.7.
GE.16-09779