CAT/C/32/D/183/2001
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that the human rights situation in the Punjab has improved during the eleven years
following the complainant’s departure from India
11.3 However, the Committee recalls that the aim of the determination is to
establish whether the complainant would be personally at risk of being subjected to
torture in India. It follows that, even if a consistent pattern of gross, flagrant or mass
violations of human rights could be said to exist in that country, such a finding would
not as such constitute a sufficient ground for determining that the complainant would
be in danger of being subjected to torture upon his return to India; additional grounds
must exist to show that he would be personally at risk. Similarly, the absence of a
consistent pattern of gross violations of human rights does not mean that a person
cannot be considered to be in danger of being subjected to torture in his or her specific
circumstances.
11.4 The Committee notes that the complainant submitted evidence in support of
his claim that he was tortured during his detention in 1991, including medical and
psychiatric reports, as well as written testimony corroborating this allegation.
However, the Committee considers that, even if were assumed that the complainant
was tortured by the Punjabi police, it does not automatically follow that, thirteen years
after the alleged events occurred, he would still be at risk of being subjected to torture
if returned to India.
11.5 Insofar as the complainant claims that he currently remains at risk of being
tortured in India, the Committee notes that, while confirming the risk of him being
subjected to torture, as well as his family’s continuing harassment, by the Punjabi
police, the evidence produced by the complainant, including affidavits, letters and a
document which is said to contain a resolution adopted by the municipal council of
his home village, merely refers to his risk of being tortured in Punjab. The Committee
considers that the complainant has failed to substantiate that he would be unable to
lead a life free of torture in another part of India. Although resettlement outside
Punjab would constitute a considerable hardship for the complainant, the mere fact
that he may not be able to return to his family and his home village does not as such
amount to torture within the meaning of article 3, read in conjunction with article 1, of
the Convention.
11.6 Regarding the effectiveness of judicial remedies available under the Canadian
immigration review scheme, the Committee notes that the final decision on the
complainant’s deportation was taken after a lengthy and detailed assessment of the
risk of returning the complainant to India, in four subsequent proceedings. The
Committee also observes that, prior to that decision, the State party agreed to review
the complainant’s humanitarian and compassionate application when it became
apparent that the evidence submitted by him had not been duly considered. Similarly,
the Committee takes note of the fact that the Federal Court did not hesitate to refer the
case back for reconsideration on the basis that the reviewed decision on the
complainant’s humanitarian and compassionate application also lacked an appropriate
evaluation of the evidence.
11.8 In the light of the foregoing, the Committee concludes that the complainant
has failed to establish a personal, present and foreseeable risk of being tortured if he
were to be returned to India.