CAT/C/46/D/395/2009

Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning

Communication No. 395/2009
Submitted by:

H. E-M. (represented by counsel, MarieHélène Giroux)

Alleged victim:

The complainant

State party:

Canada

Date of the complaint:

17 August 2009 (initial submission)

The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 May 2011,
Having concluded its consideration of complaint No. 395/2009, submitted on behalf
of Mr. H. E-M. 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 complainant,
his counsel and the State party,
Adopts the following:

Decision on admissibility
1.1
The complainant is Mr. H. E-M., born in 1966, a Lebanese national residing in
Canada. He claims that his deportation to Lebanon would constitute a violation by Canada
of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by counsel, Marie-Hélène Giroux.
1.2
On 24 August 2009, the Committee, at the complainant’s request, and through its
Special Rapporteur on New Complaints and Interim Measures, requested the State party to
refrain from deporting the complainant to Lebanon while his complaint was under
consideration.
Factual background
2.1
The complainant played an important role within the Lebanese “Shia” party; his
brother, Mr. H. E-M., was a prominent party leader. In 1989, in the town of Bourj-elBarajneh (south-western part of Lebanon) the complainant and his brother were fired at by
Hizbullah forces. Several months later, members of the Syrian army went to the family
home and threatened the complainant’s family. Following this incident, the complainant’s
brother left Lebanon to settle in Canada. The complainant, for his part, fled the region for
Beirut. In 1993, tensions with the Syrian army intensified. The complainant’s brother, who

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