CAT/C/32/D/183/2001
Page 2
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22
OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT
Thirty-second session
concerning
Complaint No. 183/2001
Submitted by :
Mr. B.S.S.
(represented by counsel, Mr. Stewart Istvanffy)
Alleged victim:
Mr. B.S.S.
State Party:
Canada
Date of complaint:
7 March 2001
The Committee against Torture, established under Article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 12May 2004,
Having concluded its consideration of complaint No. 183/2001, submitted to
the Committee against Torture by Mr. B.S.S. 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 author
of the complaint, his counsel and the State party,
Adopts the following:
Views under article 22, paragraph 7, of the Convention
1.1
The complainant is Mr. B.S.S., an Indian national, born in 1958, currently
residing in Québec/Canada and awaiting deportation to India. 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 or
Punishment. He is represented by counsel.
1.2
On 4 May 2001, the Committee forwarded the complaint to the State party for
comments and requested, under Rule 108, paragraph 1, of the Committee’s rules of
procedure, not to expel the complainant to India while his complaint was under
consideration by the Committee. On 19 February 2004, the State party requested the
Committee to withdraw its request for interim measures, pursuant to Rule 108,
GE.04-41774