CAT/C/59/D/582/2014 assessment, and that a humanitarian and compassionate application has a long processing time and would not stay his removal. 5.2 On the merits, the complainant reaffirmed that he is a victim of torture, as confirmed by the medical reports submitted, primarily because he tried to obtain justice against the police. He noted that the allegations by the police that he had links to Sikh militants were merely false allegations to justify his detention and torture. 5.3 With regard to the general human rights situation in India, the complainant noted that Sikhs are still victims of State brutality, torture and genocide throughout the country. Detention and torture of political activists and those who denounced human rights abuses are still ongoing not only in Punjab, but all over India. 5.4 Regarding the existence of an internal flight alternative, the complainant noted the existence of a systematic pattern of surveillance and control over new arrivals in other parts of India, particularly for Punjabi Sikhs. Therefore, it would be extremely difficult for him to find a safe haven in India. Additional submissions by the parties 6.1 In a submission dated 12 March 2015, the State party noted that the complainant had by then applied for a pre-removal risk assessment, and that judicial review of a negative decision relating to the assessment would also be available. As to the humanitarian and compassionate application, the State party noted that the duration of a remedy is insufficient grounds for determining that the exhaustion of such a remedy should not be required. A negative humanitarian and compassionate decision could also be appealed to the Federal Court. 6.2 Regarding the human rights situation in India, the State party noted that extrajudicial killings do occur, especially in areas of conflict such as Jammu and Kashmir, the northeastern states and areas associated with the Naxalite movement, but not in Punjab.9 Punjabi Sikhs are able to relocate to other parts of India and there are Sikh communities all over India. Only those engaged in militant activity are likely to be the object of unwelcome interest from the authorities and subjected to arrest or detention on return to India. 10 7.1 In a submission dated 31 August 2015, the complainant asserted that the State party is wrong to pretend that, because the situation in India is not as bad as during the insurgency period, there is no longer a risk. Sikhs still live under a constant threat of State torture throughout India. Recent large-scale arrests in India indicate an escalation of human rights violations. Since June 2005, over 100 Punjabi police officers have been convicted on fake terrorism-related encounter killings. The information provided by the State party refers to the situation of Sikhs in general, but not that of those suspected of being militants or those who have suffered human rights abuses. The complainant insisted that he would be at risk for having sought justice in his case. He noted that those who file complaints against Indian police are arrested or killed, or disappear. The Immigration and Refugee Board and the Federal Court erred by relying on erroneous findings of fact and law, even though they had before them proper evidence of police intimidation and violence against those who complain against the police. 7.2 On the existence of an internal flight alternative, the complainant argued that, as noted by the Office of the United Nations High Commissioner for Refugees, there is no internal flight alternative when the persecutors are State agents. 9 10 6 United States, Department of State, Country Reports on Human Rights Practices for 2013, India. The State party cites United Kingdom: Home Office, Operational Guidance Note: India (May 2013).