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 15