CAT/C/40/D/293/2006
page 9
Comments concerning the complainant’s family
6.1 In a letter of 24 May 2007 the complainant states that, when he submitted his case to the
Committee, his wife and daughter were awaiting a reply to their application for extension of their
visitor status. They were not therefore about to be expelled from Canada. Their applications were
approved on 28 February 2007 but only until 15 August 2007. It is clear that they have exhausted
all remedies: application for refugee status, two humanitarian applications, three applications to
the Federal Court of Canada, a PRRA application, etc. Visitor status is totally precarious and
does not guarantee residence in the country. The case of the daughter-in-law demonstrates that
the people persecuting the complainant decided to target other members of the family.
Consequently, these two people should form part of the complaint before the Committee.
6.2 In a letter of 26 June 2007, the State party replied that the complaint had been submitted in
the name of three people. However, the complainant’s wife and daughter had never been the
subject of a deportation order. The wife and daughter held renewable visitor’s visas valid until
15 August 2007. Consequently, the complaint was manifestly premature and inadmissible with
respect to them.
Additional submission of the State party
7.1 In a note verbale dated 31 July 2007, the State party reiterates that there is no evidence
corroborating the existence of the threats and persecution to which the complainants claim they
were subjected in Mexico. None of the documents that they have submitted establishes any link
between them and Mr. O.E.V. The complainants have likewise not furnished evidence leading to
the conclusion that Mr. O.E.V. or his alleged colleagues meet the requirements of article 1 of the
Convention. According to the complainant’s allegations, Mr. O.E.V. is a fugitive from Mexican
justice. This is therefore incompatible with the claim that he enjoys the support of the Mexican
authorities. Even if he did have such support, the complainants would still have to demonstrate
that he instigated or agreed to the alleged persecution. However, no evidence of this kind has
ever been presented.
7.2 In addition, Mrs. V.V.J.’s asylum application was not based exclusively on the allegations
and testimony of the complainant. Mr. J.A.M.S., the complainant’s son and husband of
Mrs. V.V.J., had also submitted an affidavit in support of the latter’s asylum application. In it he
claimed that he had had problems with “four soldiers and two PDJ officials”, whose link with the
complainants has not been established. It is therefore not clear what testimony led the CISR to
grant Mrs. V.V.J. refugee status. Moreover, the fact that the CISR rejected the asylum
application by Mrs. V.V.J.’s husband is not without significance.
7.3 As to the threats which the complainant allegedly received during his visit to Mexico
in 2002, if they had been genuine he would have mentioned them to CISR in order to justify his
alleged fear. However, neither he himself nor his son nor Mrs. V.V.J.’s lawyer informed CISR of
the existence of any threat received during that time.
7.4 The complainant has given only one example of “threats” that he allegedly received in
Mexico between 14 July and 16 October 2002. He claims that his sister went to his former
workplace in order to obtain an attestation of employment and that she was forcefully questioned