CAT/C/35/D/245/2004
Page 4
Decision of the Committee against Torture under article 22 of the Convention
1.1 The complainant of the communication is S. S. S., an Indian national born on 5
November 1957 in Paddi Jagir, Punjab (India) and currently residing in Canada, from where
he faces deportation. He claims that his forcible return to India would constitute a violation
by Canada of articles 3 and 16 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment. He is represented by counsel.
1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the communication to the State party on 27 February 2004, and requested it,
under Rule 108, paragraph 1 of the Committee’s rules of procedure, not to expel the
complainant to India while his complaint is under consideration by the Committee.
The facts as presented by the complainant
2.1 The complainant is from the Punjab province in India. He is a Sikh; in June 1996 he
became a member of the Akali Dal Badal party, campaigning on its behalf during the
February 1997 elections. He continued to be involved in politics, organizing meetings and
speaking against government policies. He claims that the police arrested him on 20 April
1999 and took him to Gurayan police station. He alleges that he was beaten with sticks and
belts, that the police pulled his hair, kicked him in the back, slapped, punched and suspended
him from the ceiling. A wooden roller was allegedly used to crush his legs and thighs, and his
knee was dislocated. He alleges that he lost consciousness on many occasions and that he was
questioned about his cousin and other Sikh militants, as well as his own activities. Finally, the
complainant claims that he was released unconscious on 29 April 1999 after a bond of 50,000
rupees was paid. When he regained consciousness he was in a clinic.
2.2 The complainant states further that the police visited him at home while he was
undergoing treatment on 12 August and 10 October 1999 and questioned him again about his
cousin and other militants. The police allegedly visited his house again on 25 February 2000
while the complainant was out and threatened his wife. On each of these visits, the
complainant claims the police received bribes.
2.3 On 23 June 2000 the complainant assisted a group to raise money through his Sikh
temple for the children and women of those families whose family members were suspected
militants and killed by the police. On 26 June 2000, the police allegedly began arresting
persons who had been collecting money with him, and that he hid before finding out that the
police had gone to his house, beaten his wife and the children. His wife was arrested, beaten
and detained for 5 to 6 hours.
2.4 The complainant then fled to New Delhi and claims that he paid for an agent to help
him arrange his trip to Canada. He arrived in Canada on 23 July 2000 after transiting through
the United Arab Emirates and England.
2.5 On 28 September 2000, the complainant applied for refugee status. His application was
rejected on 12 March 2002 by the Immigration and Refugee Board. He then applied to the
Federal Court on 15 April 2002 for leave to seek judicial review of the rejection. That
application was rejected on 24 July 2002. The complainant also submitted his case for a post-