CAT/C/68/D/568/2013
ineligibility for a pre-removal risk assessment. Claimants have additional remedies during
this period, including judicial review of a decision by the Refugee Protection Division and
the possibility to request a deferral of removal.
6.3
In relation to the complainant’s claim that applications for humanitarian and
compassionate considerations are ineffective because they take a long time to process and
given that a stay of removal is unavailable pending its evaluation, the State party notes that,
if the complainant demonstrates compelling humanitarian and compassionate grounds, he
will benefit from a stay of his removal until a final decision has been made. If the
application is rejected, he may apply for a judicial stay pending any application for leave
and for judicial review of the negative decision. He may also request a deferral of removal.
6.4
The complainant refers to current conditions in India without reference to any
sources except for one excerpt from the “Country reports on human rights practices for
2013” from the United States Department of State, indicating that there were reports of
arbitrary and unlawful killings, including extrajudicial killings of suspected criminals and
insurgents, especially in regions of conflict, such as Jammu. However, the complainant
does not have the profile of a suspected criminal or insurgent. Moreover, even if it were
accepted that he has faced difficulties with the police in Jammu, he has not established that
he cannot safely relocate within India.
Complainant’s comments on the State party’s additional observations
7.1
In his further comments dated 29 November 2015, the complainant largely reiterates
the arguments in his submission dated 30 August 2014, claiming that applications for preremoval risk assessments and humanitarian and compassionate considerations would take a
long time to process, would not be assessed fairly and would likely be rejected. Judicial
review of dismissals of applications for pre-removal risk assessments, humanitarian and
compassionate considerations and deferral of removal are expensive and ineffective
processes. The complainant should therefore be exempted from the requirement to exhaust
all available domestic remedies.
7.2
The complainant repeats his position on the conditions in India and refers to several
incidents and reports, 36 including the 2013 and 2014 United States Department of State
“Country reports on human rights practices”, documenting extrajudicial killings by the
Indian police in Jammu and Kashmir, Uttar Pradesh and Punjab. In case of return to India,
he will likely be arrested on fabricated charges under the Prevention of Terrorism Act or
section 121 of the Penal Code, which provides for heavy punishments, including the death
penalty and life imprisonment.
7.3
The complainant has no internal flight alternative because the Indian security forces
are actively looking for him due to his perceived links with the Khalistan Zindabad Force
and because, in India, everyone needs to be registered with local police upon relocating.
7.4
As regards the current risk to his life in India, the complainant adds that the Indian
army and police detained and tortured his parents on 4 June 2015, falsely alleging that the
complainant and his associates had, from Canada, made financial contributions to a Sikh
protest at Gadigarh, near Jammu. His parents were released on 7 June 2015, following the
intervention of Sikh leaders and the payment of a bribe, and on the condition that they
would surrender the complainant to the police in India.
State party’s further observations
8.1
By note verbale dated 24 March 2017, the State party confirms that a pre-removal
risk assessment has been initiated following the complainant’s application to that effect on
29 February 2016. No decision has yet been made, but the complainant continues to benefit
from a regulatory stay of removal pending a final determination.
36
10
See United States, Department of State, “Country reports on human rights practices”, 2013 and 2014,
“International religious freedom report for 2012: India”; Immigration and Refugee Board of Canada,
“1994 Punjab human rights update” (Ottawa, 1 January 1994); International People’s Tribunal on
Human Rights and Justice in Indian-Administered Kashmir, Buried Evidence: Unknown, Unmarked,
and Mass Graves in Indian-Administered Kashmir – A Preliminary Report (Srinagar, 2009). The
complainant also refers to additional, unspecified reports.