A/66/44
162
Committee’s decision
The Committee considers that the follow-up dialogue is
ongoing. The State party was invited to provide updated
information on the complainant’s situation in April 2011.
State party
Canada
Case
Dadar, 258/2004
Nationality and country of removal
if applicable
Iranian to the Islamic Republic of Iran
Views adopted on
3 November 2005
Issues and violations found
Removal – article 3
Interim measures granted and State
party response
Granted and accepted.
Remedy recommended
The Committee urged the State party, in accordance with
rule 112, paragraph 5, of its rules of procedure
(CAT/C/3/Rev.4), to inform it, within 90 days of the date of
the transmittal of the decision, of the steps taken in response
to the decision expressed above.
Due date for State party response
26 February 2006
Date of reply
Latest reply 10 October 2007 (had previously responded on
22 March 2006 and 24 April 2006 (see Official Records of
the General Assembly, Sixty-first Session, Supplement No.
44 (A/61/44)) and 9 August 2006 and 5 April 2007 (see
ibid., Sixty-second Session, Supplement No. 44 (A/62/44)).
State party’s response
The State party removed the complainant to Iran on 26
March 2006 despite a finding of a violation of the
Convention. In its response of 24 April 2006, it stated that
since his return a Canadian representative had spoken with
the complainant’s nephew who said that Mr. Dadar had
arrived in Tehran without incident, and was staying with his
family. The State party had no direct contact with him since
he was returned to Iran. In the light of this information, as
well as Canada’s determination that he did not face a
substantial risk of torture upon return to Iran, the State party
submits that it was not necessary for it to consider the issue
of monitoring mechanisms in this case. (For a full account of
the State party’s response, see A/61/44.)
Complainant’s comments
On 29 June 2006, counsel informed the Committee that
subsequent to his initial detention, the complainant resided
under house arrest, living with his aged mother. On several
occasions the Iranian authorities asked him to re-attend for
further questioning. The questioning pertained, inter alia, to
the complainant’s political activities while in Canada. The
complainant had expressed dissatisfaction with his apparent
status in Iran as a persona non grata and said that he lacked
status to obtain employment or travel. He was also unable to
obtain the medication he received in Canada to treat his
medical condition. Moreover, the Iranian authorities had
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