Punjab region has significantly improved during the 11 years following his departure. The
absence of a risk of torture had been confirmed in four subsequent risk assessments conducted by
four different officers; mere conjecture on the part of the complainant should not restrain the
implementation of a removal decision that has been lawfully taken.
8.3
The State party submits that, on 14 May 2003, the complainant filed an
application for permanent residence based on humanitarian and compassionate grounds and,
on 10 September 2003, he also applied for a pre-removal risk assessment. Both applications
were based on the same allegations as his initial refugee claim and the subsequent applications
for protection. On 29 September 2003, the PRRA officer rejected the complainant’s PRRA
application, and ordered his immediate removal, determining that he would not be subject to
risk of persecution, torture, risk of life or risk of cruel and unusual treatment or punishment
if returned to India. Similarly, his humanitarian and compassionate application was denied
on 30 September 2003, in the absence of a sufficiently substantiated risk of persecution.
8.4
The State party submits that, in the interest of finally disposing of the matter, it no longer
contests the admissibility of the complaint on the basis of non-exhaustion of domestic remedies,
although the complainant’s application for leave to apply for judicial review was still pending
before the Federal Court.
9.1
On 2 March 2004, the complainant submitted copies of the file relating to his PRRA
proceedings and, on 20 April 2004, commented on the State party’s further submissions. The
evidence contained in the file includes (a) several reports on the human rights situation in
Punjab, including a January 2003 Amnesty International report on impunity and torture in
Punjab,l identifying the failure to bring to justice police officers responsible for torture, deaths
in custody, extrajudicial executions and disappearances during the militancy period from the
mid-1980s to the mid-1990s as one of the reasons for the continuation of serious human rights
violations; (b) several affidavits confirming the complainant’s risk, including by a refugee and
former human rights lawyer from Punjab now practising law in Canada, who states that
someone believed to have any contacts with militants, as the complainant, would be targeted by
the police and unable to obtain court protection in Punjab; (c) a translation of a resolution
dated 27 August 2003 adopted by the municipal council (panchayat) of the complainant’s
village, confirming that his life would be at risk upon return and criticizing the harassment of his
family by the local police; (d) a letter dated 3 October 2003 from Mr. S.S. to the same effect; and
(e) a letter dated 10 April 2004 from the complainant’s son, stating that his family suffers from
constant harassment by the Criminal Investigation Department (CID), as well as the resulting
social isolation, and that he fears for his life.m
9.2
Counsel summarizes the chronology of the complainant’s legal recourses in Canada and
informs the Committee that the Federal Court dismissed his application for leave to apply for
judicial review on 17 February 2004.n He submits that, similar to the former PDRCC procedure,
which was constantly criticized by the churches and refugee support groups in Canada, the
PRRA procedure is considered to lack independence and impartiality by the Canadian Bar
Association and human rights groups, its only purpose being to pretend that the State has
assessed the danger before deporting an applicant. Neither the Committee against Torture nor
the Human Rights Committee found this procedure to be an effective remedy; they only
observed that it must be exhausted or that its ineffectiveness must be shown by a complainant.
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