CAT/C/32/D/225/2003
Page 6
6.2
In respect of the State party’s contention that the claim under article 3 should
be declared inadmissible, since the complainant fails to establish a primae
facie case, the Committee notes the complainant’s information about his
political activities, that he transmitted messages between his politically active
brother and inhabitants people of a neighbor village in Punjab, and that he was
detained and tortured by police as a consequence of his family members’
political involvement and his own activities. It also takes notes of the medical
reports, which are inconclusive about the reasons underlying the complainant’s
physical and psychological symptoms, and cannot be considered as strong
evidence in support of his claim. The complainant has not supported his claim
that he was politically active by any documentary or other pertinent evidence,
nor has he submitted evidence to explain why the political group he claims to
have transmitted messages for were itself targeted by the police. Even if
considering that the complainant has been subjected to torture in the past, the
Committee finds no reason to consider that he currently is at a personal risk of
being subjected to such treatment by the police if returned to India. In the
circumstances, the Committee observes that the complaint, as formulated, does
not give rise to any arguable claim under the Convention.
6.3
Accordingly, the Committee finds, in accordance with article 22 of the
Convention and rule 107(b) of its revised Rules of Procedure, that the
complaint is manifestly unfounded and thus inadmissible.
7.
Accordingly, the Committee decides:
a)
that the complaint is inadmissible; and
b)
that this decision will be transmitted to the author and, for information, to the
State party.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]