CAT/C/62/D/715/2015
police released the complainant from custody only to search for him a few days later; or
that the police would have continued to harass the complainant’s father and wife for 19
years in relation to the complainant, knowing that he was abroad. The complainant’s
applications for leave to seek judicial review, a pre-removal risk assessment and permanent
residence on humanitarian and compassionate grounds were also rejected after the
immigration officers concerned reached the conclusion that he would not face the risk of
disproportionate hardship upon return to India.
4.3
The State party refers to objective documentary reports, according to which the
human rights situation for Sikhs in India has improved to the extent that it can no longer be
said that there is a general risk of ill-treatment upon return solely on the basis of one’s real
or perceived political opinion.3 While the majority of Sikhs live in the State of Punjab, there
are also sizable Sikh minorities in other Indian States and there are Sikh communities all
over India.4 Sikh communities are thriving across the country and many persons of the Sikh
faith hold prominent official positions. 5 Moreover, country reports do not suggest that there
exists a general risk in India of ill-treatment for members of the Shiromani Akali Dal
(Amritsar/Mann) party. The party operates openly. 6 Knowledgeable sources have been
quoted as stating that members were not subject to ill-treatment unless the individual was
suspected by police of terrorism, extremism or violent activities, and that outspoken
members were not harassed or arrested for participating in party gatherings, publicly
complaining about the treatment of Sikhs by authorities or calling for the creation of
Khalistan. 7 In contrast, other knowledgeable sources have indicated that party members
were harassed or arrested at certain times for participating in party gatherings, publicly
complaining about the treatment of Sikhs or calling for the creation of Khalistan, and that
party members had been taken into preventive detention in advance of planned
3
4
5
6
7
See the United Kingdom of Great Britain and Northern Ireland, Border Agency, “Operational
Guidance Note: India” (May 2013), para. 3.9.13, available at: http://www.refworld.org/docid/
51a890674.html; the United States, United States Bureau of Citizenship and Immigration Services,
“India: Information on relocation for Sikhs from Punjab to other parts of India” (16 May 2003),
available at: www.refworld.org/docid/3f520d4b4.html; the United Kingdom, Home Office,
Immigration and Nationality Directorate, “Operational Guidance Note: India” (20 February 2007),
para. 3.6.17, available at: www.refworld.org/docid/46028cc82.html.
See Canada, Immigration and Refugee Board of Canada, Research Directorate, “Situation of Sikhs
outside the state of Punjab, including treatment by authorities; ability of Sikhs to relocate within India,
including challenges they may encounter (2009-April 2013)” (13 May 2013), available at: www.irbcisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454556; the United Kingdom, Border Agency,
“Operational Guidance Note: India” (May 2013), para. 3.9.15; the United Kingdom, Home Office,
“Country Information and Guidance – India: Religious minority groups” (April 2015), para. 6.1.14.
See the United Kingdom, Border Agency, “Operational Guidance Note: India” (May 2013), para.
3.9.12; the United Kingdom, Home Office, “Country Information and Guidance – India: Religious
minority groups” (April 2015), para. 6.1.16.
See Canada, Immigration and Refugee Board of Canada, “India: Treatment of Sikhs in Punjab (2013April 2015)”, part 2.3.1.
See Canada, Immigration and Refugee Board of Canada, Research Directorate, “India: Whether
members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for
participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian
authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police
regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links
with terrorism (2005-March 2009)” (14 April 2009), available at: www.irbcisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=452305. See also United States Citizenship and
Immigration Services, “India: Information on Treatment of Members of the Akali Dal (Mann) Party
in Punjab (16 May 2003), available at: www.uscis.gov/tools/asylum-resources/ric-query-india-16may-2003, which states that there was little recent evidence suggesting that members or supporters of
the Akali Dal (Mann) party in Punjab were being systematically targeted for arrest or other forms of
mistreatment by police. See also Canada, Immigration and Refugee Board of Canada, Research
Directorate, “India: Treatment of political activists and members of opposition parties in Punjab
(2012-April 2015)” (11 May 2015), part 2, available at: http://irb-cisr.gc.ca/Eng/ResRec/
RirRdi/Pages/index.aspx?doc=455886&pls=1, which reports sources as stating that political
opposition parties in Punjab were able to express their ideas freely.
3