CAT/C/46/D/319/2007
purposes, irrelevant considerations, with bad faith, or in a patently unreasonable manner.”4
He maintains that when the judicial recourse is futile and in cases where there are
substantial grounds to intervene the Court does not even hear the case and that this is not a
recourse that is effective and efficient following the recognized principles of the
international law. The complainant claims that no human rights organizations dealing with
refugees have any confidence in the PRRA as an effective recourse to protect victims of
violations and refers to several documents in support of his view.
5.3
The complainant maintains that the State party’s authorities are following a political
line of refusing asylum to Sikh victims of torture from India. He states that the rate of
acceptance of PRRA cases is 3% for Canada and only 1% in Quebec, where his case was
reviewed. He further submits that most applicants are refused with identical motivation.
5.4
The complainant further submits that, even though Sikhs are not a targeted group,
there are Sikhs who are targeted because of their political activities or their efforts to get
justice for human rights abuses. He maintains that, according to Indian human rights
groups, arbitrary arrests are happening all the time and individuals who were at risk in the
past are still at risk. He maintains that there are no valid legal recourses for victims of
human rights abuses in India and refers to the submitted article in the Harvard Human
Rights Law Journal.
5.5
The complainant contests the suggestion that he could relocate and live in safety
elsewhere in India, again refers to the article in the Harvard Human Rights Law Journal and
states that individuals have been detained for not reporting to the police. He also contests
the State party’s assertion that there would be no immediate danger for him upon arrival in
India and states that there have been cases of individuals detained upon arrival at the airport
and taken to prison, where they were tortured. Further, he contests that only high profile
individuals are at risk of torture and refers to a 2003 Amnesty International report which
demonstrates how deeply ingrained is the system of torture and abuse. He is also referring
to pages 25-28 of the Danish Immigration Service Report on Fact- finding Mission to
Punjab, India, 21 March to 5 April 2000, where widespread torture and deaths in police
custody are described.
5.6
The complainant submits that he is personally at risk of torture if returned to India
because: he had previously been accused of participation in militant activities in 1988 and
in 1995; he was detained for three and a half years between 1988 and 1991 and subjected to
torture while in detention and previous detainees for militant activities are one of the main
risk groups according to human rights reports; he was a prominent Sikh priest at some of
the most important Sikh temples in Punjab and Haryana and therefore is a high-profile
figure, since prominent Sikh religious figures are among the most targeted figures by the
security services; he was a prominent figure in the Akai Dal in Haryana; he has personal
family links with well known militants, as confirmed by the submitted report of the Punjab
Human Rights Organization.
5.7
The complainant contests the State party’s assertion that the torture with impunity in
India has ended and in support describes several cases where human rights defenders or
activists of Akali Dal have been detained and tortured by the police. He also maintains that
after the 2008 Mumbai attacks there was a great wave of detentions, false accusations and
torture taking place against large parts of the political class. The complainant also refers to
the 2005 report of the Organization ENSAAF, entitled Punjab Police: Fabricating
Terrorism through Illegal Detention and Torture, which talks about large quantity of
4
Case of Amir Shahin Sokhan, Imm-3067-96, 7 July 1997. Similar jurisprudence quoted from the
case of Rahmatollah Khayambashi, Imm-1246-98, 7 January 1999.
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