CAT/C/38/D/298/2006
page 8
4.6 The State party recalls the discrepancies noted by the Canadian Immigration and
Refugee Board and the explanations given during that procedure. It considers that the additional
explanations given by C.A.R.M. in his complaint are not credible. The State party affirms that
the argument that C.A.R.M. forgot to mention the Gulf Cartel because he always claimed that the
“person principally involved in his persecution” was the mayor and that “the person principally
involved includes the others” is particularly unconvincing. The earlier explanations indicate that
he knowingly omitted any mention of the Gulf Cartel because he was afraid for the accountant
and for himself. Moreover, C.A.R.M.’s testimony does not corroborate the claim that the mayor
was “the person principally involved” and that the Cartel or the police were trying to kill him on
his behalf. C.A.R.M. stated in his Personal Information Form that he was being sought by
“agents of the Gulf Cartel” and that it was the prisoners, and not the mayor, who were “very
upset” with him “for having installed the new surveillance technology”. It is unlikely that the
mayor wanted to kill C.A.R.M. and his family for having installed a surveillance system in the
municipal prison, since it was he who had asked C.A.R.M. to undertake the project.
4.7 The State party also rejects C.A.R.M.’s second explanation as to why he was too nervous
and too rushed to accurately identify his persecutors during the interview on 12 November 2002,
which was too short. According to the State party, the immigration officer asked C.A.R.M.
several questions about the identity of his persecutors and gave him ample opportunity to explain
who was looking for him and why. C.A.R.M.’s anxiety cannot in itself explain the discrepancies
that exist with regard to such an important part of his account.
4.8 Another discrepancy identified by the Immigration and Refugee Board has to do with
C.A.R.M.’s meeting at the town hall on 22 August 2002. During his interview with the Board,
C.A.R.M. spontaneously stated that he was alone with the mayor’s secretary when the latter told
him that he should inflate his prices and hand part of the profit over to the mayor. Yet
C.A.R.M.’s Personal Information Form contains a different version of the encounter, in which
the complainant states “… I arrived, the mayor and his secretary, who was his nephew, told me
that they had agreed to continue working with me …”. When confronted with this discrepancy,
C.A.R.M. explained that he was alone with the secretary but that the mayor could have
followed the conversation by listening on his telephone loudspeaker. During his interview on
12 November, C.A.R.M. said that it was the mayor who had asked him to get involved in the
corruption. In his communication to the Committee, C.A.R.M. explained that the secretary was
not speaking in his personal capacity but on behalf of the mayor.
4.9 As for the PRRA, the State party states, with reference to the psychological test, that the
PRRA officer noted that C.A.R.M. and L.G.U. had not undergone treatment for post-traumatic
stress disorder after the November 2003 evaluation. It was only when they were summoned in
connection with their deportation from Canada that they again consulted the psychologist. The
State party also points out that the psychological reports do not in any way support C.A.R.M.’s
major contention that his return to Mexico would cause him irreparable harm.
4.10 Also in the context of the PRRA and the criminal complaint brought by C.A.R.M.’s
half-brother, the State party observes that C.A.R.M. claimed that, on the advice of his attorney,
his half-brother had not mentioned in his police statement that his attackers were to all