CAT/C/55/D/505/2012
and especially outside of Punjab. The complainants’ relatives and their two sons continue to
reside in India.
4.6
The State party notes that the complainants have not submitted to the Committee
any materials that are significantly different to what was provided to multiple domestic
decision makers. Since there is no evidence of arbitrariness or denial of justice in the
consideration of the complainants’ various domestic applications, the State party submits
that the Committee should give considerable weight to the domestic decision makers’
assessment of the complainants’ credibility, as well as the decision makers’ overall
assessment of the significance of the complainants’ evidence.
4.7
The State party maintains that the complainants have not provided sufficient
evidence to substantiate their allegations that they were tortured in December 2007, January
2008 and April 2009. To support their allegations, the complainants rely on the following
evidence: letters from doctors in Punjab; letters from a doctor in the State party; a letter
from a psychologist in the State party; affidavits from residents of their village, including
their village sarpanch and a local lawyer; and a letter from a lawyer based in Punjab. The
first two letters are from doctors at the Nirmala Mission Hospital in Punjab. The letter
concerning the first complainant states that he was admitted for medical treatment on two
separate occasions: 2 January 2008 and 5 April 2009. These are the two dates on which,
according to him, he was released from police detention and sought medical treatment. The
letter states that, on the first occasion, he had “swollen genitals, bruises and contusions all
over his body”, and “was complaining of pain in the entire body”. It states that he was
admitted as an inpatient for one day and then received outpatient treatment for 10 more
days. The letter states that, on the second occasion, he “was bearing the same types of
complaints as before like cuts, bruises and abrasions on his back, arms, shoulders and legs”
and that he was treated at the hospital for two days and elsewhere for a week. The State
party observes that the injuries described in this letter are generally consistent with the
police treatment described by the first complainant in his personal narrative.
4.8
The letter concerning the second complainant states that she was a patient at the
hospital from 4-6 April 2009. The date of admission is the date when, according to her
husband, she was released from police detention. The letter states that she had “lash marks,
swelling and pain in [sic] all over her body especially in vaginal area, bruises, contusions
and depression due to beating and rape in police custody”. The letter states that after being
released from the hospital, she was treated at home for one week. The State party observes
that the injuries described in this letter are also generally consistent with the police
treatment described by the complainants. The State party further observes that this letter
from a medical doctor not only describes the physical condition but seems to affirm the
source of the condition as being the police. Although these letters are both generally
consistent with the complainant’s claims, the State party submits that the letters are of
limited reliability and should therefore be given little weight. The letters are dated 25
February 2011, almost two years after the most recent events described; they are not
contemporaneously prepared medical records or notarized affidavits. Neither of the doctors
who signed the letters claims to have based his or her statements on consultation of any
medical records that were prepared at the time of the treatment described. In fact, the
complainants have not submitted any objective, contemporaneous documents attesting to
their medical treatment or made any claim that such documents exist. In particular, the
doctor who signed the letter concerning the first complainant does not claim to have
personally provided or witnessed the described treatment, and the letter does not identify
who treated the patient. The letter, therefore, does not even explain the source of the
information being conveyed. The author of the letter concerning the second complainant, in
contrast, claims to be the doctor who treated her. However, the author does not indicate
whether she has personal knowledge of the events that created the physical symptoms or is
relying on the statements of the patient for that information. Further, the RPD decision
6