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Communication No. 166/2000
Submitted by:
B.S. (name withheld)
[represented by counsel]
Alleged victim:
The petitioner
State party:
Canada
Date of communication:
22 April 1999
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 November 2001,
Having concluded its consideration of communication No. 166/2000, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the petitioner and the
State party,
Adopts it Views under article 22, paragraph 7, of the Convention.
1.1
The petitioner is B.S., an Iranian national, currently residing in Vancouver, Canada. He
claims that his removal to the Islamic Republic of Iran would entail a violation of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by
Canada. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
communication to the attention of the State party on 21 July 2000. At the same time, acting
under rule 108, paragraph 9, of its rules of procedure, the Committee requested the State party
not to expel the petitioner to the Islamic Republic of Iran while his communication was being
considered. The State party acceded to this request.
The facts as submitted by the petitioner
2.1
On 2 August 1990, the petitioner arrived in Canada. He was granted refugee status by
decision of the Immigration and Refugee Board on 11 January 1996.
2.2
Since 1992, the petitioner was convicted of various criminal offences, including theft,
uttering threats, assault, will to cause personal injury, false pretences, sexual assault, obstructing
a peace officer and altering a forged document. Restraining orders were issued against the
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