CAT/C/63/D/767/2016

United Nations

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

Distr.: General
7 August 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 767/2016*, **
Communication submitted by:

U.A. (represented by counsel, Rajwinder S.
Bhambi)

Alleged victim:

The complainant

State party:

Canada

Date of complaint:

16 August 2016 (initial submission)

Date of present decision:

17 May 2018

Subject matter:

Deportation of the complainant from Canada to
Pakistan

Procedural issues:

Non-substantiation of claims; non-exhaustion of
domestic remedies; incompatibility with the
Convention

Substantive issue:

Risk of torture in the event of deportation to
country of origin (non-refoulement)

Articles of the Convention:

3 and 22

1.1
The complainant is U.A., a national of Pakistan born in 1987. He claims that his
forcible removal to Pakistan would constitute a violation by Canada of article 3 of the
Convention. The complainant is represented by counsel.
1.2
On 17 August 2016, 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 deport the complainant to Pakistan while the
communication was being considered by the Committee.
1.3
On the same date, the Committee informed the complainant that the request for
interim measures would be automatically lifted unless he further substantiated the risk he
faced upon his return to Pakistan, notably by providing proof of blasphemy charges against
him, by 17 October 2016.

* Adopted by the Committee at its sixty-third session (23 April–18 May 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.

GE.18-12980(E)

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