K. K. H. v. Canada, Communication No. 35/1995, U.N. Doc.
Communication No. 35/1995
Submitted by: K. K. H. (name deleted) [represented by counsel]
Alleged victim: The author
State party: Canada
Date of communication: 6 November 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 22 November 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is a national of Ghana, who arrived in
Canada in March 1992 and applied for asylum following his escape from
prison where, accused of having participated in an attempt to assassinate the
Ghanaian Head of State, he had spent almost four years. He claims that his
return to Ghana following the rejection of his application for refugee status
would be in violation of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. He is
represented by counsel.
2. On 9 June 1994, the author's application for asylum was dismissed by the
Immigration and Refugee Board of Canada. On review, the Federal Court of
Canada dismissed his application by decision of 2 May 1995.
3. The author submits that since the decision of the Federal Court he has
received evidence that he was being sought by the Ghanaian authorities. He
claims that a notice appeared in the Ghanaian newspaper The Guide in
September 1995 stating that he had returned to the country and that he was
wanted for treason. On this basis, the author submits that, as he is wanted by
the authorities, his life would be in danger in Ghana and he requests the
application of article 3.