was treated with the utmost respect and dignity
possible while at the same time assuring the
security of all those involved. It notes the
Committee’s comment that it was not in a position
under the follow-up procedure to examine new
claims against Canada. Thus, the State party is of
the view that this case is closed and should no
longer be considered under the follow-up
procedure.
Complainant’s response
On 12 May 2008, the complainant’s representative
commented on the State party’s response. She
reiterates arguments previously made and argued
that subsequent changes in legislation do not justify
the violation of the complainant’s rights, nor the
authorities’ refusal to grant him compensation. The
State party is violating its obligations under
international law by failing to recognize and
implement the Views as well as its failure to
respect the Committee’s request for interim
measures of protection. The efforts made by the
State party to find out the current situation of the
complainant are inadequate, and it has neglected to
inform both the complainant’s representative and
the Committee of the outcome of its request to the
Indian Ministry of Foreign Affairs. Indeed, in the
view of the complainant’s representative, such a
contact may have created additional risks for the
author. Also, despite the State party’s view to the
contrary there is a lot of documentary proof that the
Indian authorities continue to practice torture.
The following information was provided to the
complainant’s counsel from India over the
telephone on 27 February 2008. As to his removal
from Canada counsel states that the complainant
was tied up for the whole 20 hours of his return to
India, and that despite repeated requests the
Canadian guards refused to loosen the ties around
him which were causing pain. In addition, he was
refused permission to use the toilet and had to
relieve himself in a bottle in front of female guards,
which he found humiliating. He was also denied
food and water for the entire journey. In the
representative’s view, this treatment by the
Canadian authorities amounted to a violation of his
fundamental rights.
153
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