A/66/44
them. Ninety-three complaints were pending for consideration and two were suspended,
pending exhaustion of domestic remedies.
95.
At its forty-fifth session, the Committee adopted decisions on the merits in respect
of complaints No. 333/2007 (T.I. v. Canada), No. 339/2008 (Amini v. Denmark), No.
344/2008 (A.M.A. v. Switzerland), No. 349/2008 (Güclü v. Sweden) and No. 373/2009
(Aytulun and Güclü v. Sweden). The text of these decisions is also reproduced in annex XII,
section A, to the present report.
96.
Complaint No. 333/2007 (T.I. v. Canada) concerned a national of Uzbekistan of a
Tatar ethnicity, who claimed that his deportation to Uzbekistan would constitute a violation
by Canada of articles 1 and 3 of the Convention, as he would be at risk of being subjected
to torture on account of his ethnic origin. While acknowledging that the human rights
situation in Uzbekistan was indeed poor, the Committee noted, however, that the
complainant had not provided sufficient information to support his claim that Tatars, and
therefore he himself, were discriminated against to an extent that would place him at a
particular risk of torture in Uzbekistan. The Committee further noted that despite several
inquiries about medical or any other documentary evidence in support of his account of
events in Uzbekistan prior to his departure, which would corroborate his claims or
demonstrate possible effects of the ill-treatment to which he had allegedly been subjected,
the complainant did not provide any such evidence. Neither did he provide any report of a
medical examination after his arrival in Canada. The Committee, therefore, concluded on
the merits that the complainant failed to establish his claim that he would personally be
exposed to a substantial risk of being subjected upon his return to Uzbekistan, and that his
removal to that country would not constitute a breach of article 3 of the Convention.
97.
In complaint No. 339/2008 (Amini v. Denmark), the complainant claimed that his
deportation to the Islamic Republic of Iran would constitute a breach of article 3 of the
Convention by Denmark, because of the risk of being tortured or subjected to inhuman or
degrading treatment by the Iranian authorities, given his active involvement in a monarchist
group called “Refrondom Komite” (the Committee for Reformation on the Wall), a
subgroup of the Royalist Party. This fear was based on the fact that he had been tortured in
the past as a result of his political activities, that there remained an open case against him
before the Iranian authorities and that he had recommenced such political activities from
Denmark. The Committee found that it was probable, based on the medical reports
provided by the complainant which indicated that his injuries were consistent with his
allegations, that he had been detained and tortured as alleged. It also noted that the State
party did not dispute this claim of past torture but argued that he was unlikely to have been
subjected to torture on the basis of involvement with the monarchists, given their low level
of activity in the Islamic Republic of Iran. As to the general human rights situation in the
Islamic Republic of Iran, the Committee expressed its concern about the deteriorating
situation since the elections of June 2009, including with respect to a report of six
independent United Nations experts in July 2009 who questioned the legal basis for the
arrests of journalists, human rights defenders, opposition supporters and scores of
demonstrators, giving rise to concern for the arbitrary detention of individuals legitimately
exercising their right to freedom of expression, opinion and assembly. In particular, the
Committee was concerned about reports that monarchists had been recently targeted in the
Islamic Republic of Iran. In the light of these considerations, including the complainant’s
corroborated claims of past torture, the Committee was of the view that there were
sufficient arguments to conclude that the complainant would face a personal risk of torture
if returned to the Islamic Republic of Iran and that his forcible return to that country would
constitute a breach by Denmark of his rights under article 3 of the Convention.
98.
In complaint No. 344/2008 (A.M.A. v. Switzerland), the complainant claimed that he
would be in danger in his country of origin, Togo, as a witness to the throwing of dead
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