CAT/C/57/D/583/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
14 June 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 583/2014*, **
Communication submitted by:
A (represented by counsel, Raj S. Bhambi)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
16 December 2014 (initial submission)
Date of present decision:
9 May 2016
Subject matter:
Deportation of the complainant to India
Procedural issues:
Admissibility — exhaustion of domestic
remedies; admissibility — manifestly unfounded
Substantive issues:
Non-refoulement; refugee status; torture
Articles of the Convention:
3 and 22 (5) (b)
1.1
The complainant is A, a national of India born on 5 January 1988, who at the time of
submission of the present communication was subject to removal to India. He claims that
his removal to India would constitute a violation by Canada of article 3 of the Convention.
1.2
Under rule 114 (1) of its rules of procedure, on 17 January 2014, the Committee
requested the State party to refrain from removing the complainant to India while his
complaint was under consideration by the Committee. On 12 August 2014, the Committee
granted the State party’s request to lift interim measures. On 23 April 2015, the State party
informed the Committee that the complainant had been removed to New Delhi on 23 March
2015.
* 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, Sébastien Touzé and Kening Zhang.
GE.16-09779 (E)
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