CAT/C/29/D/119/1998
page 4
2.8
After the complainant’s departure, his sister was reportedly questioned and threatened
with death at her place of work by members of the military, who wanted to know the
complainant’s whereabouts.
2.9
In Canada, the complainant was first denied his request for asylum
dated 17 September 1997. Following that decision, he submitted an application for a
judicial review to the Federal Court of Canada, which was rejected on 6 February 1998.
2.10 The complainant then initiated the appropriate proceedings to be included in the
“Post-Determination Refugee Claimants in Canada” class (PDRCC application). This request
was rejected and he again applied to the Federal Court for a judicial review. The Court also
rejected that application.
2.11 On 21 October 1998, the complainant filed a request for a ministerial dispensation to be
exempted from the normal application of the law on humanitarian grounds (application for
humanitarian status). This request was rejected on 30 March 1999.
The complaint
3.1
The complainant believes that human rights are not respected in Honduras and that
impunity for the perpetrators of abuses is the rule. He claims that persons possessing
information concerning illegal acts committed by the military are particularly threatened, as in
his own case. He therefore considers that he may face torture, extrajudicial execution or
enforced disappearance if returned to Honduras.
3.2
In support of his allegations of the risk of a violation of article 3 of the Convention, the
complainant submits, inter alia, a detailed psychological report referring to the existence of
“chronic post-traumatic stress” and also stating that “he fears for his physical integrity and his
anxiety level is very high … His anxiety level is so high and the tension so great that he cannot
constructively use his inner resources to solve day-to-day problems”. The complainant also
indicates that the Canadian authorities did not attach any importance to this psychological report,
stating only that it had been submitted late. In this regard, the complainant explains that, for a
number of reasons, which are primarily financial and psychological, he has so far been unable to
undergo such a psychological evaluation.
3.3
The complainant also submitted a copy of the decision by San Pedro Sula Criminal Court
No. 3 of 13 January 1989, which found him innocent of involvement in the 19 April 1988 attack.
The Court acquitted the complainant on the basis, inter alia, of the statements made by a number
of witnesses who corroborated the complainant’s claims.2
3.4
The complainant indicates that he has some information about the members of the
military who tortured him, particularly a certain Major Sánchez Muñoz, and maintains that it is a
well known fact that the military goes to any lengths to remove any traces of its crimes,
especially by making the victims disappear.