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 2 GE.11-43850

Select target paragraph3