CAT/C/50/D/392/2009 Court denied the request for a suspension of the order because the complainant had failed to demonstrate: (1) that his request was based on a serious issue; (2) that he was at risk of suffering irreparable harm; or (3) that the balance of (in)convenience was in his favour. 4.5 On 13 July 2009, a warrant for the arrest of the complainant was issued after he had failed to present himself at the Montreal airport on 10 July 2009, at which time he was to be removed from Canada. Agents of the Border Services Agency attempted to act on the arrest warrant but were unable to locate the complainant at his home. 4.6 The State party contends that the complaint is inadmissible on the ground of failure to exhaust domestic remedies under article 22, paragraph 5 (b), of the Convention. The complainant could have applied for a visa exemption and permanent resident status on humanitarian grounds (known as an “H&C application”) and, if that application had been denied, could have applied for leave and judicial review before the Federal Court of Canada. The complainant has given no explanation for his failure to exhaust these remedies; nor has he furnished any evidence to show that the application of these remedies would be unreasonably prolonged or that they would be unlikely to provide him with the effective relief that he is seeking to obtain with the assistance of the Committee. 4.7 The State party also asserts that the complaint is inadmissible under rule 113 (b) of the Committee’s rules of procedure because it has not been sufficiently substantiated. The complainant chiefly bases his case on his claim that he was tortured during the time that he was held in detention (27 April 2005 to 3 May 2006) because of his political activities and that this could happen again if he were to be sent back to Togo. Even if he had established that he was tortured during his alleged detention, that would not be enough to establish that he would be at risk of being subjected to torture in the future if he were to be sent back. The Immigration and Refugee Board considers that the complainant is lacking in credibility and that the evidence he has produced to substantiate his political activities is worthless, particularly in terms of his involvement in the UFC party and his role as a representative of the Coalition of Democratic Forces. His account of the events in question, which was marked by contradictions and inconsistencies, and the evidence that he produced did not convince the Immigration and Refugee Board that he had actually been held in detention during the period that he said he had been. In addition, the PRRA officer was of the opinion that the complainant had not substantiated his membership in the UFC party, nor had he proven that he was sought by the Togolese authorities or that he would be personally in danger in Togo. After examining the documents submitted to it, the Federal Court had found no reason to set those findings aside. 4.8 The complaint submitted to the Committee does not contain any new evidence that would call the Canadian authorities’ conclusions into question. The complainant claims that he would run the risk of being summarily executed because of his escape and because he has witnessed and been subjected to human rights violations, including physical and psychological torture. Yet he has not provided evidence that he, personally, is wanted by the Togolese authorities. He has not provided any evidence that he belongs to the UFC party or substantiated his alleged political activities. To back up his claim that being a political opponent who belongs to the UFC party is dangerous in itself, he cites the public documents that he submitted with his PRRA application. However, as the PRRA officer concluded, these documents are general in nature and do not demonstrate that there are substantial grounds for believing that he would personally be at risk of being arrested and thus in danger of being tortured. Furthermore, these documents do not indicate that torture is systematically used in Togolese prisons or that it is so widespread or so widely tolerated that the whole of the prison population is in danger. According to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment regarding his mission to Togo in April 2007, the Government has put numerous measures in place that have improved prison conditions, including the situation with regard to ill- 6 GE.13-45411