CAT/C/55/D/505/2012
no corroborating material and little explanation for his conclusions. It should also be taken
into account that the lawyer who prepared the letter was hired to do so by the first
complainant’s brother-in-law. The State party submits that the letter should be given no
weight in assessing whether the complainants face a future risk of torture upon return to
Punjab.
4.18 The State party submits that, since the complainants have not established that they
would be at personal risk if returned to India, it is unnecessary for the Committee to go on
to consider the general human rights situation in India. In V.N.I.M. v. Canada,7 the
Committee found that where complainant’s allegations are neither credible nor
corroborated by objective evidence, it is not necessary to examine the general human rights
situation in the country of origin. 8 In the event that the Committee considers it necessary to
consider the general human rights situation in India, the State party submits that the
domestic decision makers carefully considered the evidence of country conditions
submitted by the complainants in support of their allegations of risk. With respect to the
evidence submitted to the RPD, there was no link between much of this evidence and the
complainants and, therefore, the decision makers were unable to accord it significant
probative value in terms of assessing the complainants’ personal risk.
4.19 The State party further submits that objective evidence concerning conditions in
India does not corroborate the complainants’ allegations that they face a real risk of torture.
The general human rights situation for Sikhs in Punjab and India has improved over the
past decade to the extent that there is no specific or particular risk of torture or other illtreatment at the hands of Indian police in relation to most individuals, like the
complainants, who are not high-profile Sikh militants.9 The State party refers the
Committee to information from country reports indicating that the situation for Sikhs is
now stable and that only individuals who are considered to be high-profile militants may
still be at some risk in Punjab.10 The complainants do not fall within the category of highprofile militants
4.20 The State party submits that the fact that human rights violations against Sikhs have
occurred in Punjab in the past and that impunity for some of these crimes may continue
does not support the complainants’ allegation that they would be subjected to torture in
2012. Without a credible connection between the complainants themselves and the human
rights violations that have occurred in Punjab, the past occurrence of such abuses in this
region is not relevant to the complainants’ personal situations. The State party submits that
the complainants’ allegations of risk, in the light of their personal situation and the current
conditions in India, have not been substantiated.
7
8
9
10
Communication No. 119/1998, V.N.I.M. v. Canada, decision of 12 November 2002.
Ibid., paras. 8.4-8.5.
The State party submits that recent country reports on human rights conditions in India make no
mention of Sikhs in Punjab. See, e.g., Amnesty International, Annual Report 2012: The state of the
world’s human rights (chap. on India); United States of America, Department of State, Country
Reports on Human Rights Practices for 2011: India. Sources consulted by the IRB report that the
treatment of Sikhs involved in militant activities remains an issue of concern. See Canada,
Immigration and Refugee Board of Canada, India: Treatment of Sikhs in Punjab within a
contemporary historical context (2005-2007) (2007). This view is supported by research conducted
by the United States Bureau of Citizenship and Immigration Services in 2003, which reported that
“human rights activists in Punjab no longer face the often severe repression that was common during
the Sikh separatist insurgency in the 1980s and early 1990s, though they are at times subjected to
intimidation and harassment” (see United States, Bureau of Citizenship and Immigration Services,
India: Information on treatment of human rights activists in Punjab (2003)
See United States, Department of State, International Religious Freedom Report 2010: India (Bureau
of Democracy, Human Rights and Labour, 2010).
9