CAT/C/19/D/57/1996
page 7
6.7
Counsel notes that the author has been living with his family
since 10 February 1997 and submits documents attesting to his rehabilitation
and reintegration into society.
Additional observations by the State party
7.1
The State party maintains that counsel's allegations that the author
would be automatically imprisoned and re-sentenced are gratuitous. According
to the State party, there is nothing to suggest that the Chinese authorities
are aware of the offence committed by the author and there is no evidence to
support the application and interpretation of article 7 of the Chinese
Criminal Code suggested by counsel. The State party maintains that the author
has failed to establish the existence of substantial grounds for believing
that he would be imprisoned and subjected to torture if he returned to China.
7.2
With regard to the question of whether the author constitutes a danger
to the public, the State party points out that this is not the issue before
the Committee.
The Committee's admissibility decision
8.
The Committee notes with satisfaction the State party's statement that,
in accordance with the Committee's request, the author has not been expelled.
9.
Before considering any of the allegations in a communication, the
Committee against Torture must decide whether or not the communication is
admissible under article 22 of the Convention. The Committee has ascertained,
as it is required to do by article 22, paragraph 5, subparagraph (a), of the
Convention, that the same matter has not been, and is not being, examined
under another procedure of international investigation or settlement. It has
noted that all domestic remedies have been exhausted and that it is not,
therefore, precluded from considering the communication under article 22,
paragraph 5, subparagraph (b). The Committee has found that there is no other
obstacle to the admissibility of the communication and has thus proceeded to
consider the case on its merits.
Consideration of the case on its merits
10.1 The Committee has considered the communication in the light of all the
information made available to it by the parties, in accordance with
article 22, paragraph 4, of the Convention.
10.2 The issue before the Committee is whether or not the forced return of
the author to China would violate the obligation of Canada under article 3 of
the Convention not to expel a person to another State where there are
substantial grounds for believing that he would be in danger of being
subjected to torture.
10.3 In reaching its decision, the Committee must take into account all
relevant considerations, pursuant to paragraph 2 of article 3, including the
existence of a consistent pattern of gross, flagrant or mass violations of
human rights. The aim of the determination, however, is to establish whether
the individual concerned would be personally at risk of being subjected to