CAT/C/46/D/336/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 336/2008
Submitted by:
Harminder Singh Khalsa et al. (represented
by counsel, Werner Spirig)
Alleged victims:
The complainants
State party:
Switzerland
Date of complaint:
18 February 2008 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 26 May 2011,
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having concluded its consideration of complaint No. 336/2008, submitted to the
Committee against Torture by Werner Spirig on behalf of Harminder Singh Khalsa et al.
under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Having taken into account all information made available to it by the complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
1.1
The complainants are Mr. Harminder Singh Khalsa and his family, Mr. Karan Singh
and his family, Mr. Jasvir Singh and Mr. Dalip Singh Khalsa.1 They are Indian citizens
1
Mr. Harminder Singh Khalsa, born on 14 December 1963, lives with Mrs. Navpreet Kour, born on 5
January 2007, and their common children Kour Harmehar and Singh Harbaaz, both born in
Switzerland. They are not married but consider each other as spouses. They could not marry due to
the fact they could not get the necessary identity documents from the Indian authorities. Mr. Karan
Singh, born on 19 April 1961, lives with Mrs. Kour Tarvinder, born on 2 April 1969 and their
common children Singh Kanttegh and Kour Keeratwaan, both born in Switzerland. They are not
married but consider each other as spouses. They could not marry due to the fact they could not get
the necessary identity documents from the Indian authorities. Mr. Jasvir Singh, born on 15 August
2