CAT/C/46/D/319/2007
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. 319/2007
Submitted by:
Nirmal Singh (represented by counsel
Stewart Istvanffy)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
20 June 2007 (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 30 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. 319/2007, submitted to the
Committee against Torture by Stewart Istvanffy on behalf of Nirmal Singh 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 complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, Mr. Nirmal Singh, an Indian national born in 1963, was residing
in Canada at the time of submission of the present complaint and subject to an order for his
deportation to India. He claims that his return to India would constitute a violation by
Canada of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The complainant alleges lack of judicial control
required by the international human rights law on the administrative deportation decision
and that he did not have an effective remedy to challenge the deportation decision. The
complainant is represented by counsel, Mr. Stewart Istvanffy.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention by Note Verbale, dated 21 June 2007.
At the same time, the Rapporteur for new complaints and interim measures requested the
State party not to deport the complainant to India while his case is under consideration by
the Committee, in accordance with rule 108, paragraph 1, of the Committee's Rules of
2