interim injunction before the Ontario Court of Justice to stay the execution of the deportation order. The application was dismissed because the matter had already been decided by the Federal Court. 2.6 In his submission to the Committee dated 11 November 1998, the author argued, in relation to the issue of exhaustion of internal remedies, that as soon as the Court rendered its decision on the application for the stay of removal, there would be no other internal remedy left. 2.7 The author alleges that the State party did not make a proper risk assessment at the time of the decision in April 1996 nor any subsequent review of the risk assessment, despite the existence of major political and human rights problems in the country to which the author was to be deported. The Taliban had become a major actor in the Afghan political situation and conditions in the country had changed dramatically as a consequence. 2.8 The author is a Sunni Muslim and a member of the Tajik ethnic group. The bigger part of Afghanistan is at present controlled by the Taliban who, although Sunnis, are of a different ethnic group, the Pashtun. 2.9 The author states that Afghanistan continues to experience civil war and political instability and that ethnic divisions are increasingly influencing the fighting. The Taliban, who emerged as a military and political force in 1994, are an ultra-conservative Islamic movement. In January 1997, they were controlling two thirds of Afghanistan including Kabul, the capital. 2.10 In addition to the general situation of insecurity caused by the internal armed conflict between the Taliban and other factions, the human rights situation in the territory controlled by the Taliban is of serious concern. According to the author, there is discrimination between the different ethnic groups. The Taliban have detained hundreds of people solely because of their ethnic origin. Among these minority groups are the Uzbeks, Tajiks, Hazaras, Shi'ite Muslims and Turkmen. The author submits that a significant number of Tajiks have been detained and some of them have disappeared. 2.11 The author also refers to Amnesty International reports stating that Taliban guards have beaten and kicked people in custody and that long-term prisoners have been severely tortured. It is also submitted that according to a Human Rights Watch report on one of the worst massacres of civilians committed by the Taliban, in August 1998

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