CAT/C/62/D/695/2015

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
10 January 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 695/2015*, **
Submitted by:

J.S. (represented by counsel, Rajwinder S.
Bhambi)

Alleged victim:

The complainant

State party:

Canada

Date of complaint:

10 August 2015 (initial submission)

Date of present decision:

28 November 2017

Subject matter:

Deportation to India

Procedural issues:

Exhaustion of domestic remedies; level of
substantiation of claims

Substantive issues:

Non-refoulement; risk of torture upon return to
country of origin

Article of the Convention:

3

1.1

The complainant is J.S., an Indian national, born on 15 July 1991. He claims that his
deportation to India by Canada would violate his rights under article 3 of the Convention,
which came into force in Canada on 24 June 1987. On 13 November 1989, Canada made
the declaration under article 22 (1) of the Convention recognizing the competence of the
Committee to receive and consider complaints from individuals who claim to be victims of
violations of the provisions of the Convention. The complainant is represented by counsel.
1.2
On 11 August 2015, pursuant to rule 114, paragraph 1, of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures,
requested the State party not to expel the complainant while the complaint was being
considered by the Committee. On 6 October 2015, the State party informed the Committee
that the complainant’s removal had been deferred in accordance with the Committee’s
request.
1.3
Upon the State party’s request, on 21 February 2017 the Committee, acting through
its Rapporteur on new complaints and interim measures, reviewed its interim measures
request, in the light of information received from the State party, and decided to lift its
request, pursuant to rule 114, paragraph 3, of its rule of procedure.

*
**

Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
The following members of the Committee took part in the consideration of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Claude Heller-Rouassant, Jens Modvig, Sapana PradhanMalla, Ana Racu, Sébastien Touzé and Kening Zhang.

GE.18-00383(E)

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