Communication No. 1315/2004
Submitted by: Mr. Daljit Singh (represented by counsel)
Alleged victims: The author
State party: Canada
Declared inadmissible: 30 March 2006
Subject matter: Deportation to country of origin with
risk of torture
arrested at 5.00am the following day at his home and
detained by police. He claims that while in detention
he was beaten and tortured. On 17 September, he
was released thanks to the intervention of the mayor
(Sarpanch), of the village, the village council and the
president of the truckers’ union, on the condition that
he would report to the police about the militants’
activities. A bribe was paid for his release. The
author claims that his brother-in-law and his driver
were detained for one week and tortured. They were
released on the same conditions as he. He claims that
all three of them had medical treatment after their
release.
Procedural issues: Interim Measures/Request by
State party to lift Interim Measures
Substantive issues: Risk of torture and death, review
of expulsion order, unfair “suit at law”, and
ineffective remedy
Articles of the Covenant: 2, 6, 7, 13 and 14
Articles of the Optional Protocol: 1 and 2
1.1 The author of the communication is Mr. Daljit
Singh, an Indian citizen, currently awaiting
deportation from Canada. He claims that his
deportation would result in violations, by Canada, of
his rights under articles 2, 6, 7, 13 and 14 of the
International Covenant on Civil and Political Rights.
He is represented by counsel.
2.3 In April 1999, the author was arrested again
because he was suspected of helping the militants
transport arms, munitions and explosives. After two
days of detention, during which he claims that he
was tortured again, his release was granted upon the
intervention of the village mayor (Sarpanch), with
the condition that he report monthly to the police
station with information regarding his driver and
other militants. He claims that he underwent medical
treatment following his release and suffers from post
traumatic stress disorder as a result. Fearing for his
life, he decided to flee India. He claims that his wife
and son were tortured in April 2003 after his
departure.
1.2 On 5 November 2004, the Human Rights
Committee, through its Special Rapporteur on New
Communications, requested the State party, pursuant
to rule 92 of its rules of procedure, “not to deport the
author before it provides the Committee with
information as to whether it intends to remove the
author to India, and before providing to the
Committee its observations on the communication,
pursuant to rule 97 (old 91) of the rules of
procedure.” On 9 November 2004, following a
request for clarification, the Committee requested
the State party, “not to deport Mr. Daljit Singh to
India before the State party has made its
observations either on admissibility or the merits of
the author’s allegations and the Committee has
acknowledged receipt”.
2.4 On 3 June 1999, the author applied for and
received a tourist visa to enter Canada to attend his
father’s funeral. On 6 June 1999, he arrived in
Canada and on 30 June 1999, he applied for asylum.
On 15 December 2000, his refugee claim was heard
by the Refugee Division of the Immigration and
Refugee Board (“the Board”), which decided, on 28
February 2001, that the author was not a Convention
refugee because his testimony was implausible. His
account of events was found not to have been
credible.
The facts as presented by the author
2.1 The author lived in the village of Sonet,
Ludhiana District, Punjab. He is the owner of a
trucking company and owned four trucks. He is
married and has two children. His wife and children
remain in the village of Sonet. His mother, brother,
sister and their respective families all live in British
Columbia, Canada. His father died on 1 June 1999 in
British Columbia.
2.5 On 10 July 2001, the Federal Court denied the
author leave to apply for judicial review of the
Board’s decision. On 5 November 2003, the author’s
Pre-Removal
Risk
Assessment
Application
(“PRRA”) was assessed negatively. On 5 November
2003, his application for permanent residence in
Canada on humanitarian and compassionate grounds
was denied. On 18 December 2003, the author
applied for leave to apply for judicial review of the
PRRA decision and a motion for stay of removal. On
19 January 2004, the Federal Court granted the stay
2.2 On 15 September 1998, the author’s brotherin-law and the driver of one of the author’s trucks
were stopped by police in Jammu and were accused
of supporting a militant group. The author was
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