CAT/C/43/D/307/2006 Iraqi invasion of Kuwait. He deserted the Republican Guards in or about April 1991 and went into hiding in Iraq. He later left Iraq for Canada, via Jordan and Morocco. On 15 February 1996, he arrived in Montreal, Canada, and immediately filed an application for refugee protection. 2.2 On 2 July 1996, the complainant submitted his Personal Information Form in support of his refugee claim. In the form, he claimed that he had deserted the Republican Guards during the war in Kuwait and returned to military service after an amnesty for deserters had been issued. However, the amnesty was not respected, and he was taken by the Military Security Police to their headquarters, where he was allegedly interrogated and tortured for one week. He was subsequently returned to his unit to await trial. Fearing that the trial would result in a death sentence, he escaped again. After learning that a verdict had been sent to his military unit to execute him, he moved from one place to another in Iraq for three years before he fled the country. 2.3 On 7 October 1996, the complainant’s claim for refugee protection was heard by the Refugee Division of the Immigration and Refugee Board, which was competent only to consider whether he was a Convention refugee as defined in the 1951 Convention relating to the Status of Refugees.1 The Board informed the Minister of Citizenship and Immigration and the complainant that he was excluded from refugee protection by virtue of Article 1 F of the Refugee Convention.2 2.4 On 3 September 1997, the Board determined that the complainant was not a Convention refugee, arguing that his oral testimony lacked credibility, in particular his claim that, as a member of the Republican Guards, he had never fired on the enemy, killed anyone, or dealt with prisoners of war or Iranian civilians; the contradictory description of his role in the Iraqi city of Najaf in March 1991 and of the timing of his desertion; and his implausible claim that, as a deserter sentenced to death, he was able to live with his mother in Baghdad and work for more than three years before leaving Iraq. The Board also considered that the crushing of the uprising against Saddam Hussein by Republican Guards in Najaf in 1991 amounted to crimes against humanity within the meaning of Article 1 F (a) of the Refugee Convention. Based on his rank and lengthy tenure with the Republican Guards, the complainant was aware of the Organization’s methods and supported its objectives. Even assuming that he deserted after three days in Najaf, he would have participated in the indiscriminate bombing of the city. He therefore was complicit in the crimes against humanity committed by the Guards and excluded from refugee protection. 2.5 The complainant’s application dated 22 September 1997 for leave to apply for judicial review was denied by the Federal Court on 22 January 1998. 2.6 On 17 August 1998, the complainant applied for permanent residence on the basis of humanitarian and compassionate grounds, alleging that his life and physical security would be in danger if was returned to Iraq. His application was examined by a specialized officer for risk assessment under the former Post-Determination Refugee Claimants in Canada (PDRCC) class. The officer determined that the complainant would not be at risk of life, 1 2 GE.09-46716 Since the entry into force of the Immigration and Refugee Protection Act in June 2002, the Board considers both whether the person is a Convention refugee or a person in need of protection, i.e. a person at risk of torture within the meaning of article 1 CAT, or at risk of his life or of cruel and unusual treatment or punishment. Article 1 F of the Convention relating to the Status of Refugees (1951) reads: “The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes […].” 3