between the circumstances of the hijackings or whether they were acquitted or convicted. This is illustrated by a letter from the Indian CBI to the Canadian High Commission in New Delhi dated 24 July 1995 referring to a collection of photographs of each of the alleged hijackers. This is not only an indication that these 14 persons are regarded in the same way, but also that the Indian authorities are particularly interested in their return in India and that the State party has cooperated with the Indian Government since at least 1995. The Committee should therefore take into consideration anything that has happened to any of the 14 persons in its assessment of the author’s risk. of the author that India was interested in his return, the State party has never received any indication of such interest. Even if India had shown interest in the return of the author, that would not have proved that he was at risk of torture. 13.5 With regard to the arrival of the author at the airport in Delhi, where it was stated that there were over 40 police and army officers waiting, the State party reiterates that the accompanying officer confirmed that the author was dealt with in a normal fashion. 13.6 The State party argues that the letter presented by the author to the Committee referring to his experience in India since his arrival is only an expression of his views and does not therefore constitute sworn or tested evidence. The Committee should give little weight to this document. It is also submitted that the alleged harassment endured by the author does not constitute evidence that he is at risk of torture. Moreover, at the time of the submission, the author had been back in India for almost two years and it seems that there was no change in the manner in which he had been treated by the authorities. Additional State party comments 13.1 In submissions dated 9 October 1998, 7 June 1999, 30 September 1998 and 28 February 2000, the State party transmitted additional observations on the merits. 13.2 It argues that although high-profile militants may be at risk in India, the author does not fall within this category, which would include a perceived leader of a militant organization, someone suspected of a terrorist attack, or someone suspected of anti-State activities. The author cannot be characterized as any of these. Although he committed the hijacking of 1981, he was convicted for his crime, served his sentence, and was presumably not involved in militant activities during his time in prison nor is he currently involved in such activities. In a further submission, the State party states that it has never disputed that the author could be considered as “high-profile”. However, it does not consider that the author falls into the small category of “high-profile militants” at risk. 13.7 The State party notes that the author alleges that he is at risk of “persecution”. Even though this expression may be a simple oversight on the part of the author, the State party recalls that the issue before the Committee is whether the author is at risk of “torture”, not “persecution”. It is contended that the risk of torture as defined in the Convention imposes a higher and more precise standard than the risk of persecution as defined in the 1951 Convention relating to the Status of Refugees. In the present case, the State party reiterates its view that the author is not at risk of torture. 13.3 The State party requests the Committee to give little weight to the “section 27 report” because it is a document prepared by a junior immigration officer which only indicates that the person may be inadmissible to Canada. The definitive decision is going to be taken by a senior immigration officer and only that is subject to judicial review. Furthermore, the “section 27 report” merely mentions that the author is a member of the Dal Khalsa. It is submitted that the mere membership of a terrorist organization does not make a person a “high-profile militant”. Additional comments by the author 14.1 In further submissions dated 28 October 1998, 30 May 1999, 14 July 1999 and 26 November 1999, the author states that it is the policy of the State party to restrict the number of refugees entering its territory, so that since 1996 the rates of acceptance of refugee claimants has dropped dramatically, particularly for asylum-seekers from Punjab. Even though the author acknowledges the need to combat abuse from economic migrants and fraudulent claimants, that does not justify the unrealistically favourable portrayal of the situation in Punjab. 13.4 The State party strongly denies that it has cooperated with the Indian authorities in the search for the author and confirms that it did not receive any request from India to return the author. The correspondence mentioned by the author in its previous submission does not indicate that the Indian authorities were searching for the latter but rather that the State party was concerned by the possible arrival of released hijackers on its territory and wanted to identify them. Contrary to the assertions 14.2 The author’s counsel requests the Committee to consider a letter, dated 2 December 1998, written by the author, revealing the difficulties he has experienced since his return to India. The author states that he received threats from the police upon arrival from Canada for not having given them the information they wanted. He and his family have been harassed by the police so that he is not able to 59