CAT/C/65/D/784/2016

United Nations

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

Distr.: General
5 April 2019
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 784/2016*, **, ***
Communication submitted by:

F.K.A. (represented by counsel, Zoheir Snasni)

Alleged victim:

The complainant

State party:

Canada

Date of complaint:

7 November 2016 (initial submission)

Date of present decision:

15 November 2018

Subject matter:

Complainant’s deportation to Pakistan

Procedural issues:

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

Substantive issue:

Risk of torture in case of deportation to country
of origin

Articles of the Convention:

3 and 22

Decision under article 22 (7) of the Convention against Torture
1.1
The author of the communication is F.K.A., a national of Pakistan, born on 3 June
1985 in Pakistan. The complainant is subject to forcible removal from Canada to Pakistan,
following the dismissal of her application for a judicial review of the negative decision by
the Refugee Protection Division on her asylum claim. She requested that interim measures
be granted to suspend her deportation to Pakistan, considering that her forcible removal to
Pakistan would constitute a violation by Canada of articles 3 and 22 of the Convention
against Torture.
1.2 On 23 November 2016, pursuant to rule 114 of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, requested the State
party not to expel the complainant to Pakistan while the complaint was being considered.
On 18 May 2017, the State party requested that the Committee lift its request for interim
measures. On 24 July 2017, the Committee, acting through its Rapporteur on new

* Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
*** An individual opinion by Committee member Abdelwahab Hani (dissenting) is annexed to the present
decision.

GE.19-05767 (E)

150419 160419

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