CAT/C/35/D/245/2004
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psychological evidence that corroborated with the subjective account of torture. Finally, it
notes that the complainant contends he was detained and tortured because he was accused of
being a militant, and not just because he is a Sikh. However, the Committee considers that,
even if it were assumed that the complainant was tortured by Punjabi police in the past, it
does not automatically follow that, six years after the alleged events occurred, he would still
be at risk of being subjected to torture if returned to India. In particular, the Committee notes
that the political party against which the complainant campaigned is no longer in power in
Punjab.
8.5 Insofar as the complainant claims that he currently remains at risk of being tortured in
India, the Committee notes the evidence submitted by counsel on IFA and his allegation that
the complainant does not have the option of living elsewhere in India as he would be targeted
by the police. On this point, the Committee has noted that some of the available evidence
suggests that high-profile persons may be at risk in other parts of India, but the complainant
has not shown that he fits into this particular category. In light of these considerations, the
Committee does not consider that he would be unable to lead a life free of torture in other
parts of India.
8.6 In the light of the foregoing, the Committee concludes that the complainant has failed
to establish a personal, present and foreseeable risk of being tortured if he were to be returned
to India.
8.7 The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers
that the State party’s decision to return the complainant to India would not constitute a breach
of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee's annual
report to the General Assembly.]
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