received in Canada to treat his medical
condition. Moreover, the Iranian authorities
had delivered a copy of the Committee’s
decision to his home and requested his
attendance for questioning.
On 1 June 2007, counsel informed the
Committee that but for the intervention of the
complainant’s brother prior to his arrival in
Tehran and during the period of his detention
immediately following his arrival, with a high
ranking member of the Iranian Intelligence
Service, the complainant would have been
tortured and possibly executed. He requests
that the case not be removed from the
Committee’s follow-up procedure.
Action taken
See the Committee’s annual report (A/61/44)
for an account of the contents of notes
verbales sent from the Special Rapporteur to
the State party.
Committee’s decision
During the consideration of the follow-up at
its thirty-sixth session, the Committee
deplored the State party’s failure to abide by
its obligations under article 3, and found that
the State party violated its obligations under
article 3 not to, “expel, return (refouler) or
extradite a person to another State where there
are substantial grounds for believing that he
would be in danger of being subjected to
torture”. The dialogue is ongoing.
Case
Bachan Singh Sogi, 297/2006
Nationality and country of removal
if applicable
Indian to India
Views adopted on
16 November 2007
Issues and violations found
Removal - article 3
Interim measures granted and State party
Requested but rejected by the State party.7
7
“As regards non-compliance with the Committee’s requests of 14 and 30 June 2006 to suspend
removal, the Committee recalls that the State party, by ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with the
117
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