A/67/44
is also concerned about numerous and continuous reports that the State party’s policy of
resorting to immigration processes to remove or expel perpetrators from its territory rather
than subjecting them to the criminal process creates actual or potential loopholes for
impunity. According to reports before the Committee, a number of individuals who are
allegedly responsible for torture and other crimes under international law have been
expelled and not faced justice in their countries of origin. In that regard, the Committee
notes with regret the recent initiative to publicize the names and faces of 30 individuals
living in Canada who had been found inadmissible to Canada on grounds they may have
been responsible for war crimes or crimes against humanity. If they are apprehended and
deported, they may escape justice and remain unpunished (arts. 5, 7 and 8).
The Committee recommends that the State party take all necessary measures with a
view to ensuring the exercise of the universal jurisdiction over persons responsible for
acts of torture, including foreign perpetrators who are temporarily present in
Canada, in accordance with article 5 of the Convention. The State party should
enhance its efforts, including through increased resources, to ensure that the “no safe
haven” policy prioritizes criminal or extradition proceedings over deportation and
removal under immigration processes.
Civil redress and state immunity
(15) The Committee remains concerned at the lack of effective measures to provide
redress, including compensation, through civil jurisdiction to all victims of torture, mainly
due to the restrictions under provisions of the State Immunity Act (art. 14).
The State party should ensure that all victims of torture are able to access remedy and
obtain redress, wherever acts of torture occurred and regardless of the nationality of
the perpetrator or victim. In this regard, it should consider amending the State
Immunity Act to remove obstacles to redress for all victims of torture.
Torture and ill-treatment of Canadians detained abroad
(16) The Committee is seriously concerned at the apparent reluctance on part of the State
party to protect rights of all Canadians detained in other countries, by comparison with the
case of Maher Arar. The Committee is in particular concerned at (arts. 2, 5, 11 and 14):
(a)
The State party’s refusal to offer an official apology and compensation to the
three Canadians despite the findings of the Iacobucci Inquiry. Their cases are similar to the
case of Arar, in the sense that all of them were subjected to torture abroad and the Canadian
officials were complicit in the violation of their rights;
(b)
Canadian officials’ complicity in the human rights violation of Omar Khadr
while detained at Guantánamo Bay (Canada (Prime Minister) v. Khadr, 2010 SCC 3; and
Canada (Justice) v. Khadr, 2008 SCC 28) and the delay in approving his request to be
transferred to serve the balance of his sentence in Canada.
In the light of the findings of the Iacobucci Inquiry, the Committee recommends that
the State party take immediate steps to ensure that Abdullah Almalki, Ahmad Abou
Elmaati and Muayyed Nureddin receive redress, including adequate compensation
and rehabilitation. Furthermore, the Committee urges the State party to promptly
approve Omar Khadr’s transfer application and ensure that he receives appropriate
redress for human rights violations that the Canadian Supreme Court has ruled he
experienced.
Intelligence information obtained by torture
(17) While taking note of the State party’s national security priorities, the Committee
expresses its serious concern about the Ministerial Direction to the Canadian Security
Intelligence Service (CSIS), which could result in violations of article 15 of the Convention
GE.12-44492
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