State party response
The Committee will recall that the State party
removed the complainant to Iran on
26 March 2006 despite a finding of a violation of
the Convention. In its response of 24 April 2006, it
stated that since his return a Canadian
representative had spoken with the complainant’s
nephew who said that Mr. Dadar had arrived in
Tehran without incident, and was staying with his
family. The State party had no direct contact with
him since he was returned to Iran. In light of this
information, as well as Canada’s determination
that he did not face a substantial risk of torture
upon return to Iran, the State party submits that it
was not necessary for it to consider the issue of
monitoring mechanisms in this case. (For a full
account of the State party’s response see annual
report A/61/44.)
On 9 August 2006, the State party informed the
Committee that on 16 May 2006, the complainant
came to the Canadian Embassy in Tehran to pursue
certain personal and administrative issues in
Canada unrelated to the allegations before the
Committee. He did not complain of any
ill-treatment in Iran nor make any complaints
about the Iranian authorities. As the complainant’s
visit confirmed previous information received from
his nephew, the Canadian authorities requested that
this matter be removed from consideration under
the follow-up procedure.
On 5 April 2007, the State party responded to
counsel’s comments of 24 June 2006. It stated that
it had no knowledge of the complainant’s state of
well-being and that his further questioning by the
Iranian authorities would have been due to the
discovery of the Committee’s decision. The State
party regards this decision as an “intervening
factor”, subsequent to his return that it could not
have taken into account at the time of his return. In
addition, the complainant’s concerns do not
disclose any complaint that, were it to be made to
the Committee, could give rise to a violation of a
right under the Convention. Questioning by the
authorities does not amount to torture. In any
event, his fear of torture during questioning is
speculative and hypothetical. Given Iran’s
ratification of the International Covenant on Civil
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