been assembled and could not be used so
“un dispositif sanitaire” was made available to the
complainant. At the time of depart there were no
female guards aboard the plane. Unfortunately, the
complainant could not use the “dispositif sanitaire”
successfully.
The State party notes that it is strange that the
complainant did not raise these allegations earlier
in the procedure despite the fact that he made two
submissions to the Committee prior to his departure
and prior to the Committee making its decision.
The Committee has already made its decision and
in any event the communication was only brought
under article 3 of the Convention.
As to the allegation that the complainant was
tortured in India upon his return, the State party
submitted that such allegations are very worrying
but noted that these allegations were not made prior
to the Committee’s decision in either of the
complainant’s submissions of 5 April 2007 or
24 September 2007. It also noted that certain Indian
newspapers reported that the complainant was
brought before a judge on 5 September 2006
six days after his arrival in India. In any event, the
complainant is no longer within Canada’s
jurisdiction and although India may not have
ratified the Convention, it has ratified the Covenant
on Civil and Political Rights and other
mechanisms, United Nations and otherwise, which
may be used in allegations of torture. As to whether
the State party has received a response from India
to its initial letter, the State party explains that it did
receive such a letter but that no information was
provided on the place of residence or the state of
well-being of the complainant. In addition, it states
that given the claim by counsel that the State
party’s last note to India may have created
additional risks for the complainant, the State party
is not disposed to communicate again with the
Indian authorities.
On 7 April 2009, the State party responded to the
complainant’s submission of 2 February 2009 as
well as the Committee’s concerns with respect to
the way in which the complainant was treated
during his deportation to India. It submits that he
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