CAT/C/59/D/581/2014
Convention. The complainant has submitted affidavits, reports from doctors and pictures
depicting signs of torture as proof that he was subjected to torture in the past. Despite the
absence of any real change for Sikhs in India, the State party is deporting them back to their
home country, where they risk torture.
5.2
The complainant contends that he has established a strong prima facie case before
the State party’s domestic authorities and before the Committee. There is clear evidence, as
submitted by the complainant, that he and his family have suffered torture and mistreatment.
There is no reason to doubt these submitted documents. The State party is wrong in
assuming that only high-profile Sikh militants are likely to be persecuted. In a report
published in 2013, the United States Department of State suggested that the Government
and its agents committed arbitrary or unlawful killings, including extrajudicial killings of
suspected criminals and insurgents.
5.3
The complainant also reiterates his position towards the general human rights
situation in India. There are reports of massive violations, including detention and torture of
political activists, not only in Punjab, but in other parts of India as well. The complainant
also refers to some documented evidence of mass graves and arbitrary detention of Sikhs.
The State party authorities, including the Immigration and Refugee Board of Canada and
the Federal Court, erred in applying the law and relied on erroneous findings of fact.
5.4
Regarding the suggested alternative of internal flight, the complainant submits that
the alternative does not make sense. The State party’s human rights obligations must be
fulfilled, and the State party should not encourage impunity for those who subjected the
complainant to abuse.
5.5
The complainant claims that, since his pre-removal risk assessment application has
been denied, there are no domestic remedies left to him.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
6.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. It notes that, in the present case,
the State party argues that the complainant has not availed himself of the pre-removal risk
assessment process. The Committee also notes that, at the time of the consideration of the
communication, the complainant’s pre-removal risk assessment application had been
considered and denied. Regarding the “new allegations” raised in the communication
before the Committee, compared with the allegations placed before the domestic authorities,
the Committee considers that the main thrust of the allegations put forward by the
complainant remains the same throughout the proceedings. Accordingly, the Committee
finds no obstacles to admissibility; it declares the communication admissible as far as the
complainant’s claim under article 3 of the Convention is concerned, and proceeds with its
consideration of the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
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