CAT/C/62/D/702/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
22 January 2018
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 702/2015*, **
Communication submitted by:
S.S. and P.S. (represented by counsel, Rajwinder
S. Bhambi)
Alleged victim:
The complainants
State party:
Canada
Date of complaint:
4 October 2015 (initial submission)
Date of adoption of decision:
14 November 2017
Subject matter:
Deportation to India
Substantive issue:
Non-refoulement
Procedural issues:
Admissibility — exhaustion of domestic
remedies; manifestly unfounded
Articles of the Convention:
3 and 22
1.1
The complainants are S.S., born in 1974, and P.S. born in 1993, a father and son,
both nationals of India residing in Canada. The State party ratified the Convention and
made a declaration under article 22 in 1987 and 1989, respectively. The complainants are
represented by counsel, Rajwinder S. Bhambi.
1.2
The complainants are subject to deportation to India following the rejection of their
application for refugee status in Canada. The deportation was scheduled for 7 October 2015.
The complainants assert that their rights under article 3 of the Convention will be violated if
Canada proceeds with their forcible deportation.
1.3
On 7 October 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided to issue a request for interim measures under rule
114, paragraph 1, of the Committee’s rules of procedure and requested the State party to
refrain from deporting the complainants to India while their communication was being
considered by the Committee. The State party requested that interim measures be lifted in
December 2015 and again in April 2016. The Committee denied the requests of the State
party to lift the interim measures.
* Adopted by the Committee at its sixty-second session (6 November−6 December 2017.
** The following members of the Committee took part in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.18-00892(E)