CAT/C/55/D/505/2012
maker considered these letters in assessing the complainants’ claims for protection and the
latter gave little weight to the doctors’ letters, and indeed was of the opinion that they were
likely fraudulent. The State party submits that the Committee should defer to the RPD
conclusion, as it was taken on the basis of all the evidence before the RPD, including the
opportunity to question and observe the complainants and form an impression of the
credibility of their claims and their supporting documents.
4.9
Regarding the letters from a doctor in Canada, these are dated 5 March 2011 and 21
March 2011. The letter concerning the first complainant states that he is being treated for
post-traumatic stress disorder, depression and chronic pain and that at “his last visit [he]
continued to report poor mood, poor sleep with nightmares, flashbacks, poor concentration,
and poor energy”, along with severe neck pain and generalized myalgia. The letter
concerning the second complainant states that she is being treated for post-traumatic stress
disorder and depression, and that at “her last appointment she reported depressed mood,
poor appetite, poor interest and decreased energy” along with a disrupted sleep pattern. It
does not mention any physical injuries. The State party submits that these letters should be
given little weight in assessing whether the complainants have substantiated their claims of
past torture in Punjab. Even though the injuries described are generally consistent with the
complainants’ account of past torture, the letters do not specifically corroborate the
complainants’ particular account. These injuries are consistent with any number of past
hardships that could have been experienced by persons who seek protection. The injuries
are consistent with some kind of trauma, but they do not establish in any way that the
complainants suffered torture as defined by article 1 of the Convention. The State party
observes that the letters themselves are noticeably circumscribed in their conclusions as to
which of the claimed injuries are consistent with the complainants’ account of past torture.
The first letter says that “his PTSD and depression are consistent with a previous trauma
such as the torture he describes”, but does not mention whether the physical injuries are
consistent with the alleged previous trauma. In contrast, the second makes no comment on
whether any of her symptoms or conditions are consistent with torture. The State party
notes that the RPD decision maker considered the medical letters as well and gave them
little weight and that the Committee should take the same approach.
4.10 The complainants have also submitted eight affidavits prepared in 2011. The State
party submits that the affidavits are generally not reliable, because most of the affiants do
not claim to have direct knowledge of the events they describe and that, for this reason, the
RPD or PRRA officials who considered these documents gave them little weight, or
excluded them altogether. The State party submits that the Committee should also give
these affidavits little weight.
4.11 The State party further submits that, even if the complainants’ allegations that they
were subjected to torture in the past are accepted as proven, they have not provided
sufficient evidence to substantiate a personal risk of torture in the future, upon being
returned to India. They left Punjab over three years ago. Members of their family, including
their parents and siblings, remain there. The complainants have not claimed to be political
activists, let alone high-profile Sikh militants. Since leaving India, the first complainant
does not appear to have continued his activities on behalf of his village gurdwara. On the
basis of these facts, it is highly unlikely that any risk that might once have existed for them
in their village in Punjab would still exist upon their return.
4.12 The complainants have not submitted any credible evidence to demonstrate that they
are at risk of specific police attention in Punjab at this time. The complainants have not
submitted any objective documentary evidence, such as a warrant for their arrest, to
substantiate the claim that the police continue to pursue them. For their PRRA, the
complainants submitted a number of affidavits from residents of their home village in
Punjab, indicating that, after the complainants left India, the local police harassed village
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