B. Decisions 1. Communication No. 86/1997 Submitted by: P.S. (name withheld) [represented by counsel] Alleged victim: The author State party: Canada Date of communication: 19 June 1997 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 18 November 1999, Adopts the following: Decision on admissibility 1.1 The author of the communication is P.S., an Indian national born in the Punjab in 1944 and currently resident in Canada, where he is seeking asylum and faces deportation. He claims that his return to India would constitute a violation by Canada of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 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 3 September 1997. Facts as presented by the author 2.1 The author used to be a farmer belonging to the Bhrat Kissan Union, a trade union whose objective is to put pressure on the federal Government to improve agriculture and conditions for farmers. He was arrested and detained for several days in 1989, 1990 and 1992. In November 1993, four Sikh militants wanted by the police hid in his sugar-cane field. The police questioned him about the militants and, not convinced that he had nothing to do with them, arrested him. He was tortured while in detention. Among other methods of torture, the police hung him from the ceiling and then abruptly released the rope holding him up, whereupon he fell to the floor, dislocating his shoulder. He was released on 29 November 1993 after his brother had handed over a sum of money and on condition that he collaborate with the police. He decided to move to Panchkula, in Haryana province, and then to New Delhi, where he obtained a passport. During his stay in Panchkula, the police harassed his wife to make her say where he was. On 5 February 1994, she too was arrested. 160