personal risk of being tortured in the country to which he or she is
returned. In light of the foregoing, the Committee deems that such a risk
has not been established by the authors. Moreover, the Committee
observes that article 3 applies only to situations of torture as defined in
article 1 of the Convention.
9.9 With regard to the authors' allegation that the decision to expel them
would in itself constitute an act of cruel, inhuman or degrading treatment
or punishment in contravention of article 16 of the Convention, the
Committee notes that the authors have not submitted sufficient evidence
in substantiation of this claim.
10. The Committee against Torture, acting under article 22, paragraph 7,
of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, concludes that the authors' removal
to Sri Lanka by the State party would not constitute a breach of article 3
or article 16 of the Convention.
Notes
1. According to the State party, the author went first to Malaysia, where
he stayed until 16 May 1992, then to Singapore on 16 May 1992 and
finally arrived in Canada on 19 May 1992. The author did not claim
protection in either of the first two countries.
2. The State party provides an explanation of this procedure in its PDRCC
Guidelines.
3. The State party does not say what the specific risks were in relation to
this case.
4. The State party has provided the text "Immigration Applications in
Canada made on Humanitarian or Compassionate (H&C) Grounds",
which describes this procedure in detail.
5. X
v.
The
Netherlands (036/1995), J.U.A.
v.
Switzerland (100/1997), H.D. v. Switzerland (112/1998), S.M.R. and
M.M.R. v. Switzerland (103/1998).
6. The State party does not provide the name or the registration number of
this case.
7. Travaux préparatoires of the Convention