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 and Political
Rights and the possibility for the complainant to
use United Nations special procedure mechanisms
such as the Special Rapporteur on the question of
torture, it considers the United Nations better
placed to make enquiries about the complainant’s
well-being.
On 10 October 2007, the State party reiterates that
the complainant has not been tortured since his
return to Iran. Therefore, Canada has fully
complied with its obligations under article 3 of the
Convention and is under no obligation to monitor
the complainant’s condition. The absence of
evidence of torture upon return supports Canada’s
position that it should not be held responsible for a
purported violation of article 3 when subsequent
events confirm its assessment that the complainant
was not at substantial risk of torture. In the
circumstances, the State party reiterates its request
that the case be removed from the agenda of the
follow-up procedure.
Complainant’s response
The complainant’s counsel has contested the State
party’s decision to deport the complainant despite
the Committee’s findings. He has not to date
provided information he may have on the author’s
situation since arriving in Iran.
The complainant’s counsel states that on
24 June 2006, he heard from the complainant who
informed him that the Iranian authorities had
delivered a copy of the Committee’s decision to his
home and had requested his attendance for
questioning. He was very worried over the
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