On 10 October 2007, the State party reiterates
that the complainant has not been tortured
since his return to Iran. Therefore, Canada has
fully complied with its obligations under
article 3 of the Convention and is under no
obligation to monitor the complainant’s
condition. The absence of evidence of torture
upon return supports Canada’s position that it
should not be held responsible for a purported
violation of article 3 when subsequent events
confirm its assessment that the complainant
was not at substantial risk of torture. In the
circumstances, the State party reiterates its
request that the case be removed from the
agenda of the follow-up procedure.
Complainant’s response
The complainant’s counsel has contested the
State party’s decision to deport the
complainant despite the Committee’s
findings. He has not to date provided
information he may have on the author’s
situation since arriving in Iran.
The complainant’s counsel states that on
24 June 2006, he heard from the complainant
who informed him that the Iranian authorities
had delivered a copy of the Committee’s
decision to his home and had requested his
attendance for questioning. He was very
worried over the telephone and counsel has
not heard from him since. In addition, he
states that Mr. Dadar is persona non grata in
Iran. He cannot work or travel and is unable to
obtain the medical treatment he had received
in Canada to treat his condition.
On 29 June 2006, counsel informed the
Committee that subsequent to his initial
detention, the complainant resided under
house arrest living with his aged mother. On
several occasions the Iranian authorities asked
him to re-attend for further questioning. The
questioning pertained, inter alia, to the
complainant’s political activities while in
Canada. The complainant had expressed
dissatisfaction with his apparent status in Iran
as a persona non grata and said that he lacked
status to obtain employment or travel. He was
also unable to obtain the medication he
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