CAT/C/59/D/582/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
27 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 582/2014*, **
Communication submitted by:
N.S. (represented by counsel, Rajwinder Singh
Bhambi)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
11 January 2014 (initial submission)
Date of present decision:
1 December 2016
Subject matter:
Deportation to India
Procedural issues:
Exhaustion of domestic remedies: insufficient
substantiation of complaint
Substantive issue:
Risk of torture
Articles of the Convention:
3
1.1
The complainant is N.S., a national of India born in 1988 and subject to a
deportation order from Canada to India. He claims that his deportation would constitute a
violation by Canada of his rights under articles 1 and 3 of the Convention. The complainant
is represented by counsel.
1.2
On 14 January 2014, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided to issue a request for interim measures under
rule 114 (1) of the Committee’s rules of procedure and requested the State party not to
deport the complainant to India while his complaint was being considered by the
Committee.
1.3
On 18 September 2014, the Committee decided to deny the State party’s request to
lift interim measures.
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-01271(E)