was released without charge, and continues to live in India; and similarly that the author’s son, who was a registered owner of one of the trucks, had also been able to remain in India. of police towards Sikhs. The State party refers to the country reports relied upon by the PRRA officer (Danish Immigration Service Report of 2001 and United States Country Report 2002), stating that the situation of Sikhs in the Punjab is now stable and that only those considered to be high-profile militants may be at risk. The State party submits that it has taken into consideration the other reports submitted by the author including a 1999 report entitled “Lives Under Threat”, which describes the present persecution of Sikhs in India, as well as a 2003 report by SikhSpectrum.com monthly which discusses judicial impunity for disappearances in the Punjab. The State party submits that the fact that abuses of human rights occurred in the past and impunity may continue in some cases does not render the author’s story credible or substantiate his allegations. As to the judgement of the Federal Court in the case of Singh Shahi, in which the Court set aside the decision of the immigration officer and sent the matter back for reconsideration, the State party argues that this case demonstrates that the process is effective, as cases that warrant reconsideration will be reviewed. In this regard, the State party refers to the decision of the Committee against Torture, which having considered the case of B.S.S., did not find a violation of the Convention, and in fact commented on the effectiveness of the judicial remedies in Canada.2 4.4 As to a photo the author provided to support the claim that his wife and son were tortured in April 2003, which was presented for the first time to the PRRA officer, the State party submits that the officer did not accord this photo any weight, considering that it could have been any woman and any young man on a hospital bed covered in bandages. Nor was it proof that even if the photo depicted the author’s relations, that they had been tortured. The State party argues that if the author was able to obtain a photo of them in hospital, he could also have obtained a medical report corroborating their injuries, which he failed to do. If they had been tortured, the State party questions why they continue to live in their home town and have neither fled to another part of India nor out of the country altogether. 4.5 As to the medical report submitted to the Board, despite the conclusion that “this man’s objective physical findings and his subjective allegations of torture are not incompatible”, the Board did not attach probative value to the medical report because of its negative assessment of the credibility of the author and contradictions in his story about the origins of scars on his back. As to the psychological report, although the psychologist concluded that her analysis led her to believe that it was completely plausible that her diagnosis of post traumatic stress disorder is a result of the impact of the traumatizing events the author alleged to have undergone, the Board considered that there was no direct evidence, other than his own allegations, that he was exposed to traumatic events. Since the allegations were not found to be credible by the Board, the psychologist’s report which was based on those allegations was not given probative value. The State party submits that doubts about the most important aspects of the author’s story so seriously undermine his credibility that his allegations, are insufficient to substantiate his claim that he would be at risk of death or cruel and unusual treatment if returned to India. 4.7 The State party submits that the author has not substantiated his allegation, even on a prima facia basis, that he would be killed if returned to India. On article 7, the State party submits that the allegations do not establish risk at a level beyond mere “theory or suspicion” and do not establish a real and personal risk of torture or cruel, inhuman or degrading treatment or punishment. In the alternative, if it is suspected that the author was tortured in the past, which the State party denies, it was not in the recent past and is not by itself proof of a risk of torture in the future. 4.8 In the alternative, the State party argues that if the author does face a risk of death, torture or cruel, inhuman or degrading treatment or punishment if he returns to the Punjab, he has not shown that he does not have an internal flight alternative. Even though he may face hardship should he not be able to return home, that hardship would not amount to any treatment in violation of the Covenant.3 Finally, even 4.6 As to the human rights situation in India, the author has not established that he would be at “personal risk” in India. Even if the human rights situation in India on occasion gives rise for concern, it is not sufficient by itself to be the basis of a violation of the Covenant if the author returns there. However, in the event that the Committee wishes to consider the human rights situation in India, the State party submits that the situation does not provide corroboration of the author’s allegations. The human rights situation in India pertaining to Sikhs has improved so much that there is negligible risk of torture or any other ill-treatment on the part 2 B.S.S. v. Canada, communication No. 183/2001, Views adopted on 12 May 2004. 3 In this regard, it refers to the decision of the Committee against Torture, in B.S.S. v. Canada, communication No. 183/201, Views adopted on 12 May 2004, in which it found that although resettlement outside the Punjab would constitute a considerable hardship for the complainant the mere fact that he may not be able to return to his family 17