Complainant’s comments 5.1In his comments dated 30 March 2002 on the State party’s submission, the complainant reiterates that he would run a risk of being tortured, or even executed, if he were to be returned to India. He submits that some of the evidence supplied by the complainant was entirely ignored or belittled in the State party’s submission, such as the investigation report by Mr. S.S., several newspaper articles and the Chahal judgement of the European Court of Human Rights, while other documents, in particular the arrest warrant and the article from the Vancouver weekly which explicitly mentioned the complainant, were not recognized as being authentic. Since all documents had been submitted in original to the Canadian authorities, it would have been easy for the State party to verify their authenticity. 5.2The complainant submits that the State party seeks to undermine his credibility on secondary grounds, such as his delay in making a refugee claim, his failure to claim refugee status in the United States, the fact that he was issued a passport by the Indian consulate in New York, and the date of his arrest warrant, which are insufficient to refute the well-documented risk of torture in this case. Counsel submits that the complainant, in order to obtain a document to prove his identity, paid $500 to a Mr. S. to collect his passport at the Indian consulate in New York. With regard to the date of the arrest warrant, the complainant states that he does not know why it had been issued two years after his departure from India and that a possible explanation may lie in events in the Punjab of which he is not aware. 5.3With respect to the medical and psychological reports, the complainant submits that these documents clearly establish he had been tortured, a fact which has never been seriously denied by the State party. The complainant denies the State party’s allegation that the reports were only presented at a late stage of the proceedings, explaining that at least the 1995 medical report had been supplied to the Canadian authorities at an earlier stage. 5.4As further evidence, the complainant submits an affidavit by Mr. S.S.S., a friend and former officer of the Indian army who, subsequent to his dismissal from the army, became a Sikh activist, fled the country and was granted Convention refugee status in Canada in 1993. In the affidavit, he states that he met the complainant’s family several times during a four-month visit to India in 1997 when he was told that the Punjabi police continued to harass the family and suspected the complainant of having contacts with terrorists abroad. 5.5The complainant argues that the State party’s submissions, in substantial part, merely repeat the arguments stated in the immigration officer’s final decision, dated 13 October 2000, without explaining why the conclusion in two decisions of the Federal Court, that the complainant’s deportation to India would expose him to a risk of irreparable harm, was disregarded in that decision. With regard to the denial of leave to apply for judicial review, counsel explains that judicial review was denied by a new judge who had just joined the Federal Court in March 2001. 5.6According to the complainant, his risk of being tortured upon return to India is increased by the fact that he is perceived as a militant sympathizer since the Punjabi police has accused him of supporting Sikh militants. Moreover, his poor physical condition would add to the security forces’ belief that he was involved in the armed struggle. 5.7With respect to current human rights violations in India and, in particular, in Punjab, the complainant states that even though the situation has improved in comparison to the early nineties, torture in police and military custody is still widespread. In support of this claim, he submits several voluminous reports on continuing human rights violations in Punjab as well as on the Canadian refugee determination system. 5.8With regard to the alleged violation of article 16 of the Convention, the complainant submits that this claim is not merely based on the lack of appropriate medical treatment in India, but also on the traumatic experience of returning to the country where he had been subjected to torture. 5.9The complainant maintains that Canadian immigration officers are generally not trained in human rights. Instead, they receive training on how to challenge the credibility of a refugee claimant. The complainant also reiterates that judicial review by the Federal Court constitutes an insufficient control over abuses by the immigration authorities, and cites the present case as an example for the inadequacy of that remedy. State party’s additional observations and counsel’s comments 6.1In an additional submission of 12 November 2002, the State party argued that, apart from being unsubstantiated, the complaint was also inadmissible under article 22, paragraph 2, as incompatible with article 3 of the Convention, since no decision to remove the author had been taken at that stage, as well as under article 22, paragraph 5 (b), of the Convention and rule 107 (e), of the Committee’s rules of procedure, because the complaint had not exhausted remedies under the new Pre-Removal Risk Assessment (PRRA) procedure. Subsidiarily, the State party maintains that the complaint is without merit. 6.2The State party submits that, under the new Immigration and Refugee Protection Act of 28 June 2002, any person awaiting removal from Canada is entitled to a further risk assessment, based on fresh evidence, which automatically stays the removal order, if submitted within 15 days of the notification informing the applicant of the possibility to apply for PRRA protection. The assessment is conducted by a PRRA officer trained to apply the Geneva Convention relating to the Status of Refugees, as well as the Convention against Torture. In case of a negative PRRA determination, the applicant may apply for leave to apply for judicial review to the Federal Court, which can grant relief on grounds of a simple error of law or manifestly erroneous findings of fact. A decision of the Federal Court Trial Division can be appealed to the Federal Court of Appeal, if the judge of the Trial Division certifies that the case raises a serious question of general importance. The Appeal Court’s decision is subject to further appeal to the Supreme Court of Canada. The applicant can apply to the Federal Court for an interim order staying removal pending the outcome of his applications and appeals before that Court.