CAT/C/57/D/529/2012*
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
10 August 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 529/2012**, ***
Submitted by:
J.B. (represented by counsel, Bashir Khan)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
16 November 2012 (initial submission)
Date of present decision:
6 May 2016
Subject matter:
Deportation to Pakistan
Substantive issues:
Non-refoulement
Procedural issues:
Admissibility – exhaustion of domestic remedies
Articles of the Convention:
3 and 22
1.1
The complainant is J.B., a national of Pakistan, born on 1 January 1963. She claimed
that her deportation to Pakistan would constitute a violation by Canada of her rights
guaranteed by the Convention. The complainant does not explicitly indicate any article of
the Convention, but the facts, as presented, raise issues under article 3 of the Convention.
The complainant is represented by counsel, Bashir Khan.
1.2
On 22 November 2012, in application of rule 114 (1) of its rules of procedure, the
Committee requested the State party not to deport the complainant to Pakistan while her
complaint was being considered by the Committee.
1.3
On 16 September 2014, the Committee decided to lift the interim measures in the
light of information received from the parties. On the same date the complainant was
deported to Pakistan.
* Reissued for technical reasons on 7 December 2016.
** Adopted by the Committee at its fifty-seventh session (18 April-13 May 2016)
*** The following members of the Committee participated in the examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Jens Modvig,
Sapana Pradhan-Malla, Ana Racu, Claude Heller Rouassant, Sébastien Touzé and Kening Zhang.
GE.16-13828(E)