CAT/C/38/D/298/2006
page 6
3.2 Moreover, C.A.R.M. had been nervous at his interview, since he was not familiar with
Canadian law and was afraid of being deported to his own country. The complainants note that at
that stage interviews are conducted very quickly, and C.A.R.M. had not had time to give a full
explanation. They also point out that the Refugee Appeal Division provided for under the new
Immigration and Refugee Protection Act had not yet been established, which meant that there
had been no possibility of appeal.
3.3 The complainants state that they are in danger anywhere in Mexican territory. The mayor
of San Andrés Cholula, the drug traffickers under his protection and the corrupt police officers
can easily find them and execute them. The State is incapable of ensuring the complainants’
protection. They draw attention to reports on the human rights situation in Mexico, including a
report issued by Amnesty International in 2006. They consider that they have submitted
sufficient documentary evidence to show that human rights violations are widespread in Mexico
and that the State is unable to protect victims.
3.4 With regard to the PRRA decision, the complainants state that the officer in charge of the
procedure did not take the reports on their psychological state, particularly that of L.G.U.,
seriously. They say that their deportation to Mexico would cause her and the whole family
irreparable harm. They reject the assertion by the PRRA officer that their distress and feelings of
stress at the prospect of deportation to Mexico had not been questioned and that such symptoms
were common among people in such situations. They consider that the officer was not qualified
to determine whether their psychological state had been caused by distress and feelings of stress
in the face of possible deportation to Mexico or by the post-traumatic stress disorder diagnosed
by the psychologist.
3.5 The PRRA officer also overlooked the very convincing evidence presented in support of
the complainants’ allegations of corruption, impunity and lack of adequate protection in Mexico
and was selective in his handling of the evidence. The officer rejected outright the information
regarding the kidnapping of C.A.R.M.’s half-brother and the letter from the family friend bearing
out the fact that the complainants were still being sought, claiming that the letter was not part of
an ongoing correspondence and did not come from an independent source. Yet the officer had
never checked to determine whether an ongoing correspondence existed. Lastly, with regard to
the Internet article, the officer, while not disputing the fact that the complainant had installed
computer equipment in the prison and that the prison director was wanted for assault, threats and
embezzlement, simply rejected the complainants’ claim on the grounds that their allegations of
persecution by the former mayor and the drug traffickers in his pay had not been proved.
3.6 The complainants state that the obligation to exhaust all domestic remedies exists only if
such remedies are adequate and there is a real opportunity to be heard by the courts, which is not
the case with the PRRA and judicial review.
State party’s observations on admissibility
4.1 In a note verbale dated 28 September 2006, the State party disputes the admissibility of the
complaint on the grounds that domestic remedies have not been exhausted and the complainants
have not established a prima facie case for the purpose of admissibility.