5.5
The complainant continues to assert that he was tortured by members of the Mexican
Army in 1996 and 1997, shortly before he submitted his communication to the Committee. In
support of his application he provided medical and psychological reports as well as photographs
showing that he had been tortured. He asserts that there are no inconsistencies in his account,
and that there is ample proof that a great many Mexicans in the south-east of Mexico have been
involved in similar incidents.
5.6
The complainant contests the State party’s argument that the human rights situation in
Mexico has improved since he left the country. He maintains that there are only general
statements of intent by the Mexican authorities, and that minimal progress has been made
towards eradicating torture or ending impunity for those committing it.
5.7
The complainant defends the credibility of his claims about his uncle’s desertion and
disappearance. He maintains that persecution of members of Zapatista groups and of groups
supporting them takes place throughout the whole country, contrary to the assertions by the
State party. He claims to have been tortured because of his supposed sympathy for the
Zapatistas. He bears scars as a result of torture, and, if deported to Mexico, would be in
imminent danger of detention or torture. He points out that the conflict in Chiapas is not over.
He adds that the complainant of the psychological report on his mental state is a member of the
support network in Montreal for victims of violence and a recognized expert in such cases.
5.8
The complainant maintains that the Canadian asylum procedure has been sharply
criticized by the Canadian bar and by the Canadian Council for Refugees. He asserts that the
procedure militates against the right to a hearing with proper safeguards and results in abuses
comparable to those committed in his own case.
5.9
The complainant contests the State party’s argument that questioning by his counsel in
the examination was not restricted. He reminds the Committee of the restrictions on the
questions that his counsel was authorized to raise: counsel was not allowed to ask questions
about torture or the context in which it occurred.
Issues and proceedings before the Committee as to admissibility
6.
Before considering any claims contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a) and (b), of
the Convention, that the same matter has not been and is not being considered under another
procedure of international investigation or settlement, and that the complainant has exhausted all
domestic remedies; this rule does not, however, apply if it is established that application of
domestic remedies has been or would be unreasonably prolonged or would be unlikely to bring
effective relief to the victim.
7.1
The Committee takes note of the complainant’s allegations to the effect that the Federal
Court, in ruling on his case, did not apply the criteria appropriate to a fair hearing and that the
internal procedure as conducted violated article 16 of the Convention. In the Committee’s view,
however, the complainant has not successfully demonstrated that the incidents on which his
complaint is based amount to the cruel, inhuman or degrading treatment referred to in article 16
of the Convention. The complaint being insufficiently substantiated, the Committee finds this
part of the communication inadmissible.
108
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