CAT/C/55/D/512/2012
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-fifth session)
concerning
Communication No. 512/2012*
Submitted by:
Mr. Y (not represented by counsel)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
6 January 2012 (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 28 July 2015,
Having concluded its consideration of complaint No. 512/2012, submitted to it by
Mr. Y under article 22 of the Convention,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention
1.1
The complainant is Mr. Y, a Pakistani national born on 2 September 1957. He
claims that his deportation to Pakistan would constitute a violation by Canada of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainant is not represented by counsel.
1.2
On 18 July 2012, the Committee, acting through its Rapporteur on new complaints
and interim measures, asked the State party not to expel the author to Pakistan while the
complaint was being considered. On 30 April 2014, the Committee, acting through the
same Rapporteur, denied the request of the State party to lift interim measures.
The facts as presented by the complainant
2.1
The complainant asserts that in 1988, he and his family converted to the Shia faith
and joined the Pakistan Peoples Party (PPP) and that in 1990, when the PPP lost its status
as the ruling party to the Islami Jamhoori Ittehad, he began to be targeted by “Sunni
activists” who were living in the neighborhood and who did not approve of his conversion
to the Shia faith and membership in the PPP. In March 1991, Sunni activists beat his 7-
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer, Abdoulaye
Gaye, Claudio Grossman, Jens Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
2