CAT/C/38/D/298/2006
page 10
Complainant’s comments on the State party’s observations concerning the complaint
5.1 On 16 October 2006, the complainants submitted their comments on the State party’s
observations.
5.2 On the matter of exhaustion of domestic remedies, the complainants explain that they
applied to the Federal Court for a suspension of their deportation during consideration of the
application on humanitarian grounds and that their application was denied. The State party’s
argument is thus erroneous. The complainants applied for a suspension of their deportation. They
also applied for refugee status and for judicial review of the negative decision by the Federal
Court. They submitted an application under the PRRA procedure. They applied for permanent
resident status on humanitarian grounds. They applied for an administrative suspension in order
to halt their deportation and allow their case to be reviewed on humanitarian grounds. The
complainants conclude that the complaint is admissible.
5.3 The complainants reiterate that the PRRA is not an effective and adequate remedy, and that
the officers who conduct the procedure are insensitive to the suffering and risks of deportees in
countries where they may be tortured. They refer to a document submitted by the American
Association of Jurists, a non-governmental organization, to the Human Rights Committee during
its consideration of the periodic report of Canada in October 2005, according to which the
acceptance rate for persons under the PRRA is only 1.5 per cent for all of Canada.
5.4 As to the allegation that the complaint is not even minimally founded, the complainants
maintain that they have submitted several pieces of evidence and refer to: the psychologist’s
reports on post-traumatic stress disorder; the various items submitted to the Canadian authorities
on corruption, impunity and the lack of adequate protection in Mexico; the fact that C.A.R.M.’s
half-brother was abducted and that his kidnappers asked him where the complainants were; and
the letter from the family friend. Moreover, they do not contest the fact that C.A.R.M. installed
computer equipment in the penal facility. The danger to the complainants is proved by the fact
that C.A.R.M.’s half-brother was abducted by persons seeking the complainant. The PRRA
officer could at least have given the complainants the benefit of the doubt.
5.5 The complainants conclude that they have exhausted domestic remedies and that there is
not enough evidence to prove that their complaint is lacking in substance. Lastly, they state that
they have demonstrated that they would be subjected to irreparable harm if they were returned to
Mexico.
State party’s observations on admissibility and the merits
6.1 In a note verbale dated 8 January 2007, the State party reiterates that the complaint is
inadmissible because the complainants have not exhausted domestic remedies and have not
established a prima facie case for the purpose of admissibility. With regard to the exhaustion of
domestic remedies, the State party points out that the complainants attribute remarks to it that it
has not made. It was never stated that the complainants had not submitted an application for
suspension with the Federal Court of Canada. In its observations of 26 September 2006, the