ammunition for the militants. He denies that he
provided contradictory evidence on his employee
and submits that his brother-in-law is in hiding and
that his son has faced severe harassment. Despite the
State party’s claim to the contrary, the author insists
that the pictures of the marks on his back were
presented to the Board. He denies that no new
evidence was presented to the PRRA and refers to
the affidavits of the four local mayors (Sarpanch)
relating to the danger he would suffer on return and
the detention of his wife and son.
these circumstances, the Committee need not
determine whether the proceedings relating to the
author’s deportation fell within the scope of
application of articles 13 (as a decision upon which
an alien lawfully present is expelled) or 14
(determination of rights and duties in a suit at law).8
This part accordingly is inadmissible under article 2
of the Optional Protocol.
6.3 The Committee recalls that States parties have
the obligation not to expose individuals to a real risk
of being killed or subjected to torture or cruel,
inhuman or degrading treatment or punishment upon
return to another country by way of their extradition,
expulsion or refoulement. 9 The Committee must
therefore decide whether there are substantial
grounds for believing that, as a necessary and
foreseeable consequence of his removal to India, the
author would be subjected to treatment prohibited by
articles 6 and 7. 10 The Committee notes that the
Refugee Division of the Immigration and Refugee
Board, after thorough examination, rejected the
asylum application of the author on the basis of lack
of credibility the implausibility of his testimony and
supporting evidence (para. 2.4 above) and that the
rejection of this Pre-Removal Risk Assessment
application was based on similar grounds. It further
notes that in both cases applications for leave to
appeal were rejected by the Federal Court (para. 2.5
above). The author has not shown sufficiently why
these decisions were contrary to the standard set out
above, nor has he adduced sufficient evidence in
support of a claim to the effect that he would be
exposed to a real and imminent risk of violations of
articles 6 and 7 of the Covenant if deported to India.
The Committee accordingly concludes that his claim
is also inadmissible as insufficiently substantiated
under article 2 of the Optional Protocol.
5.2 As to his claims of torture, the author submits
that according to the evidence presented before the
Indian Human Rights Commission, the Indian courts
and international human rights organizations, the
detention and torture he has described is consistent
with the modus operandi of the Punjab police. The
author notes that quotations from the Danish
Immigration Service report referred to by the
domestic authorities do not reflect the true
conclusions of the report. Arbitrary arrests continue
to take place, individuals other than those who are
high-profile are at risk, and there is no clear internal
flight alternative. Other reports, including the
Amnesty International Report of 2003, attest to this
claim. The author provides further information to
demonstrate the inadequacy of the system of review
of asylum claims under the PRRA and the Federal
Court.
Issues and proceedings before the Committee
6.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with rule 93 of its rules of procedure,
decide whether or not the communication is
admissible under the Optional Protocol to the
Covenant.
6.2 As to the author’s allegation that he was not
afforded an effective remedy to contest his
deportation, the Committee observes that the author
has not substantiated how the Canadian authorities’
decisions failed in this case thoroughly and fairly to
consider his claim that he would be at risk of
violations of articles 6 and 7 if returned to India. In
7.
The Human Rights Committee therefore
decides:
(a)
That
the
communication
is
inadmissible under article 2 of the Optional Protocol;
(b) That
this
decision
shall
be
communicated to the State party and to the author.
8
See Committee’s Views on communication
No. 1051/2002, Ahani v. Canada, para 10.5.
9
See general comment No. 20 [47], 1992, para. 9.
10
See Views on communications 706/1996, T. v.
Australia, 4 November 1997, paras. 8.1 and 8.2;
No. 692/1996, A.R.J. v. Australia, 28 July 1997, para. 6.9.
19
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