United Nations Human Rights Website - Treaty Bodies Database - Document - Juri... Page 14 of 15 harassed and threatened, along with his family, on several occasions by the police, it seems that there has been no change in the manner in which he has been treated by the authorities. In these circumstances, and given the substantial period of time that has elapsed since the author's removal, giving ample time for the fears of the author to have been realized, the Committee cannot but conclude that his allegations were unfounded. 15.5 The Committee is of the opinion that after a period of nearly two and a half years, it is unlikely that the author is still at risk of being subjected to acts of torture. 15.6 The Committee considers that the State party, in ratifying the Convention and voluntarily accepting the Committee's competence under article 22, undertook to cooperate with it in good faith in applying the procedure. Compliance with the provisional measures called for by the Committee in cases it considers reasonable is essential in order to protect the person in question from irreparable harm, which could, moreover, nullify the end result of the proceedings before the Committee. The Committee is deeply concerned by the fact that the State party did not accede to its request for interim measures under rule 108, paragraph 3, of its rules of procedure and removed the author to India. 15.7 The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the author's removal to India by the State party does not constitute a breach of article 3 of the Convention. Individual opinion of Committee member Guibril Camara 16.1. Under rule 108, paragraph 9, of its rules of procedure, the Committee against Torture may take steps to avoid a violation of the Convention and, therefore, an irreparable damage. This provision is a logical attribute of the competence bestowed on the Committee under article 22 of the Convention, concerning which the State party has made a declaration. By invoking article 22, the author of a communication submits an enforceable decision to the Committee's judgement, with due regard to the requirement for the exhaustion of domestic remedies. Therefore, if such decision is enforced despite the Committee's request for suspension, the State party renders article 22 meaningless. This particular case is basically a matter of lack of respect, if not for the letter, then at any rate for the spirit of article 22. 16.2. Moreover, it is clear from the terms of article 3 of the Convention that the time to assess whether "there are substantial grounds for believing that [the author] would be in danger of being subjected to torture" is at the moment of expulsion, return or extradition. The facts clearly show that, at the time of his expulsion to India, there were substantial grounds for believing that the author would be subjected to torture. The State party therefore violated article 3 of the Convention in acting to expel the author. 16.3. Lastly, the fact that in this case the author was not subsequently subjected to torture has no bearing on whether the State party violated the Convention in expelling him. The question of whether the risk - in this case, of acts of torture - actually materializes is of relevance only to any reparation or damages sought by the victim or by other persons entitled to claim. 16.4. The competence of the Committee against Torture should also be exercised in the interests of prevention. In cases relating to article 3, it would surely be unreasonable to wait for a violation to occur before taking note of it. Notes 1. Views, Communication No. 34/1995, CAT/C/18/D/34/1995, 9 May 1997. http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/cfeacf290af5c026c125693d0038... 26.02.2008