CAT/C/46/D/336/2008 asylum, reasoning that it could not find any good reasons to believe that the Indian security forces would consider the complainants as dangerous enemies of the Indian State. 2.5 The complainants have been living peacefully in Switzerland since 1995. Two of the complainants have founded families. They are very active in the Sikh community. Karan Singh is the President of the first Sikh temple built in Switzerland. Mr. Harminder Singh Khalsa is the Vice-President of the Sikh temple. The complainants submit that they continued to be involved in political activities during their stay in Switzerland and that the Indian authorities are well aware of that. Karan Singh participated as observer in the 56th session of the Commission on Human Rights in Geneva, but was forced to leave early, because Indian Security Service people followed and harassed him. At the same time his relatives in India were harassed by the police. In 1998 Harminder Singh Khalsa participated in a conference which was opposed by the Indian government and reports of that appeared in a newspaper. In 2003, at a demonstration against the Indian Government in Bern, Karan Singh gave an anti-governmental speech. In 2007 a human rights conference was held in the new Sikh temple in which two of the complainants participated. The participants held a demonstration in front of the UN building in Geneva. Afterwards the parents of the complainants were harassed by the police and were warned of “dire consequences” if they did not stop their sons from organising anti- Indian rallies. The complaint 3.1 The complainants submit that their deportation from Switzerland to India would constitute a violation of article 3 of the Convention against Torture because they would face serious threats to their health and lives. They claim that the Indian security forces still want to prosecute them for having hijacked two Indian planes. To support this allegation, the complainants submit that on 22 June 1995, the Indian Central Bureau of Investigation wrote a letter to the Canadian immigration authorities, requesting their assistance in capturing two of the participants in the 1984 airplane’s hijacking. 3.2 The complainants also indicate that two members of the group who participated in the 1984 hijacking, and who had been acquitted by the Pakistan Special Court in 1986 and released from prison, were killed by the Indian Security Forces in mysterious circumstances when they returned to India in 1990. They provide affidavits of relatives of the two members killed and refer to the 7 March 2007 judgment of the Swiss Asylum Appeal Commission in the case of Harminder Singh Khalsa, which allegedly recognizes the death of those two former hijackers. 3.3 The complainants also refer to the case of Mr. K.S. who had also participated in the hijacking of a civilian Indian aircraft in 1984. After having served a 12 years’ imprisonment sentence in India, a month after being released from prison, his dead body which showed marks of injuries was found in a canal in a village in Rajasthan and a magistrate inquiry concluded that he had been tortured prior to being thrown in the canal. The inquiry did not, however, indentify the perpetrator(s) and the death of Mr. K.S.was considered irrelevant by the Swiss asylum authorities. 3.4 The complainants submit that Indian security forces are actively searching for them because they have a high profile and their names appear constantly in newspapers reporting that their asylum claims had been rejected in Switzerland and that they would be soon deported to India.4 They maintain that they submitted to the Swiss authorities copies of a 4 The complainants submit copies of articles (in translation) in the newspaper Daily Ajit Jalandbar dated 23 April 1003 and 18 May 2003; the first quotes the complainants’ names and report that the Swiss government ordered their deportation; the second reports that the complainants have gone 4

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