would face a substantial risk of torture if removed to
Iran. It submitted that, it is for the national courts of
the States parties to the Convention to evaluate the
facts and evidence in a particular case.
It submitted that the reference made by the
Ministerial Delegate that the risk that the
complainant could represent for the Canadian public
outweighed the risk that he would face in Iran was
meant only as an alternative argument. The
Ministerial Delegate’s primary conclusion, and the
one adopted by the Federal Court, was that the
complainant would not face a substantial risk of
torture.
The State notes that the Committee does not refer to
the complainant’s credibility, despite Canada having
raised the issue in its submissions, and accepts much
of the complainant’s evidence without credible and
independent supporting documentation. Although
the Committee suggested otherwise, the State party
submits that it had questioned the allegations made
with respect to the complainant’s involvement with
the Canadian Intelligence and Security Service in its
submissions. In addition, the letter, dated
4 April 2005, which the complainant provided to
demonstrate his political involvement was provided
after the State party had provided its submissions,
and in any event contained no elaboration of his
alleged activities. It recalls that the risk of being
detained as such is not sufficient to trigger the
protection of article 3.
Finally, the State party reminds the Committee that
this is the first time that Canada will not follow this
Committee’s decision on the merits of a case.
Nevertheless, its position in this matter should not
be interpreted as a sign of any disrespect for the
Committee’s work in monitoring implementation of
the Convention.
On 24 April 2006, the State party responded to the
Rapporteur’s note verbale of 31 March. It reiterates
the Minister’s findings and submits that the risk
assessment was reaffirmed by the Federal Court on
24 March 2006. Thus, it remains the State party’s
position that it complied fully with its obligations
under article 3.
92
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