September 1992. On 30 October 1992, he entered Canada and applied for refugee status. When he was returned to the United States, the United States immigration authorities asked him to leave the country before 29 November 1992. The complainant subsequently remained illegally within the United States. He failed to report for an examination of his refugee application which was scheduled for 17 August 1993 at the Canadian border post at Lacolle. 2.5On 24 November 1993, the Indian Consulate in New York issued a passport for the complainant. 2.6The complainant re-entered Canada on 4 August 1994 at Vancouver and made a new refugee claim in Montreal on 16 August 1994. On 13 October 1994, a removal order was issued against him by the Canadian immigration authorities. He was refused Convention refugee status by the Convention Refugee Determination Division of the Immigration and Refugee Board on 4 November 1996, but applied for leave to apply for judicial review of that decision. Leave was denied by the Federal Court of Canada on 29 May 1998. 2.7In the meantime, the complainant filed an application in the Post-Determination Refugee Claimants in Canada (PDRCC) class. Together with that application he submitted a copy of a document resembling a warrant for arrest which, according to that document, had been issued against him by the Indian authorities on 8 May 1994. His application was rejected by letter of 10 March 1997 informing him that the removal order had become effective and that he had to leave Canada before 16 April 1997. The post-claim determination officer’s notes to the file state that the copy of the arrest warrant had only been provided at a late stage of the proceedings and that no explanation was given as to why the arrest warrant had been issued in 1994 purportedly for events dating back to 1991. The complainant’s request for leave to apply for judicial review of the decision rejecting his application was denied by the Canadian Federal Court on 29 August 1997. 2.8On 2 October 1997, the complainant applied for an exemption from the regular application of the Immigration and Refugee Protection Acta on the basis of humanitarian and compassionate grounds. The application contained new evidence including an article, dated 10 August 1997, from a Chandigarh (Punjab) newspaper stating that the complainant’s family was still being harassed by the Punjab police and that his life would be at risk if he were returned to India; a medical report, dated 25 April 1995, from an Indian doctor confirming that he had treated the complainant for a fractured leg and a bleeding ear on 21 September 1991; and a medical report, dated 14 March 1995, from a Montreal doctor certifying a hearing defect on the complainant’s right ear as well as a 3 cm scar on his right leg and concluding that these symptoms were concordant with his allegations of torture. The complainant’s humanitarian and compassionate application was denied on 4 November 1997. However, during the examination of the complainant’s request for leave to apply for judicial review of that decision, it became apparent that the immigration officer had not considered all the evidence before him. The State party agreed to reconsider the humanitarian and compassionate application, and the court proceedings were discontinued. 2.9On 4 June 1998, another immigration officer made a further risk assessment and, despite new evidence, concluded that the complainant would not be at risk of torture or inhumane treatment if returned to India. By letter, dated 13 August 1998, the complainant was advised that his second humanitarian and compassionate application had also been rejected. He filed an application for leave to apply for judicial review which was granted by the Federal Court. 2.10By decision of 2 October 1998, the Federal Court ordered a stay of execution of the removal order. The Court held that the complainant had raised a serious issue to be tried and determined, on an interlocutory basis, that he would suffer irreparable harm if deported to India. By decision of 24 November 1998, the Federal Court granted the application for judicial review setting aside the decision of the immigration officer rejecting the complainant’s second humanitarian and compassionate application and referring the matter back for reconsideration. Although the Court rejected the complainant’s claim that the immigration review scheme in Canada was in violation of articles 7b and 12c of the Canadian Constitution, it held that the immigration officer’s decision was unreasonable since it failed to give due weight to new evidence presented by the complainant and because it relied on irrelevant considerations. 2.11The complainant’s humanitarian and compassionate application was subsequently reviewed by another immigration officer who was also trained as a post-claim determination officer and, after a lengthy analysis of the facts and evidence, refused the application on 13 October 2000, based on, inter alia, the following considerations: (a) doubts about the authenticity of the arrest warrant given its form and the absence of any corroborating evidence; (b) the lack of an identifiable source and/or the outdatedness of most of the reports and newspaper articles submitted by the complainant on the situation in Punjab; (c) the contradiction between the fact that, according to the testimony of his family and neighbours in his home village, the complainant was innocent and his claim of still being persecuted by the police; (d) doubts as to the evidentiary value of the translation of a newspaper article, dated 11 June, from a Vancouver weekly published in Punjabi language citing the case of the complainant; (e) the complainant’s unexcused failure to report for the examination of his first refugee claim which was scheduled for 17 August 1993 at the Canadian border post; (f) the fact that the complainant had been issued a passport by the Indian consulate in New York on 24 November 1993, although he was allegedly being sought by the Indian authorities; (g) the fact that counsel raised the issue of the complainant’s post-traumatic stress disorder accompanied by panic attacks, as diagnosed in a psychiatric report dated 30 August 1999, at a late stage of the proceedings, that his psychological condition had not prevented the complainant from working since January 1999, and that he had denied any mental disorder when completing immigration documents in October 1997 and in September 2000; (h) the complainant’s low political profile and the fact that generally only human rights activists or Sikh militants and their respective families were in danger of being harassed by the Punjabi police;d (i) the fact that the complainant’s family continues to live in the Punjab; (j) the complainant’s protection by virtue of his father’s good political connections; (k) the general improvement of the situation in the Punjab; and (l) the fact that the complainant was able to find a safe haven in the neighbouring province prior to his departure from India in 1991. 2.12The complainant’s request for leave to apply for judicial review was denied by the Federal Court on 2 March 2001. The complaint 3.1Counsel claims that the complainant would be at a risk of torture in India and, therefore, Canada would be violating article 3 of the