CAT/C/62/D/715/2015

United Nations

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

Distr.: General
9 January 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 715/2015*, **
Communication submitted by:

S.S. (represented by counsel, Raj S. Bhambi)

Alleged victim:

The complainant

State party:

Canada

Date of complaint:

20 November 2015 (initial submission)

Date of present decision:

28 November 2017

Subject matter:

Deportation to India

Procedural issues:

Admissibility — exhaustion of domestic
remedies; manifestly unfounded

Substantive issues:

Non-refoulement; refugee status; torture

Articles of the Convention:

3 and 22 (2) and (5) (b)

1.1
The complainant is S.S., a national of India born on 10 December 1962, who at the
time of submission of the present communication was subject to removal to India. He
claims that his removal to India would constitute a violation by Canada of article 3 of the
Convention.
1.2
On 23 November 2015, pursuant to rule 114, paragraph 1, of its rules of procedure,
the Committee requested the State party not to deport the complainant to India while the
communication was being considered by the Committee. On 25 July 2016, the Committee
granted the State party’s request to lift the interim measures.
The facts as presented by the complainant
2.1
The complainant is Sikh from the State of Punjab, India. In 1989, the complainant
and his father became members of Shiromani Akali Dal (Amritsar/Mann), a Sikh political
party advocating for an independent homeland for Sikhs (Khalistan). The complainant
became a prominent member of the party in his village. On 5 January 1992, he was arrested
at a rally by the Indian police and released after six days, following the payment to the
police of a bribe of 30,000 Indian rupees (Rs) by his father. The complainant was tortured
while in detention and warned that he would be killed if he continued his political
activities.1 The complainant was again arrested by the police at a meeting on 29 November
* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the communication:
1

Essadia Belmir, Alessio Bruni, Felice Gaer, Claude Heller Rouassant, Jens Modvig, Sapana PradhanMalla, Ana Racu, Sébastien Touzé and Kening Zhang.
The complainant claims to have been tortured with a hot rod, which was applied to his stomach and
head, causing an infection and leading to surgery; beaten on the soles of his feet and buttocks with

GE.18-00305(E)

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