CAT/C/56/D/604/2014
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-sixth session)
concerning
Communication No. 604/2014*
Submitted by:
Z.H. (represented by counsel Rajwinder Singh
Bhambi)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
18 May 2014 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 20 November 2015,
Having concluded its consideration of complaint No. 604/2014, submitted to it by
Z.H. under article 22 of the Convention,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention
1.1
The complainant is Z.H., a national of Pakistan, born on 16 November 1986, who, at
the time of submission of the communication was residing in Canada and awaiting
deportation to Pakistan, following the rejection of his application for asylum on 18 October
2013. The complainant claims that deportation to Pakistan would constitute a violation by
Canada of articles 1 and 3 of the Convention. The complainant is represented by counsel.
1.2
On 22 May 2014, in application of rule 114, paragraph 1, of its rules of procedure
(CAT/C/3/Rev.6), the Committee requested the State party not to remove the complainant
to Pakistan while the communication was being considered by the Committee.
Facts as presented by the complainant
2.1
The complainant belongs to the Fiqah Jaffria minority of the Shia sect of Islam
(Shiite religion). His father is the President of the Fiqah Jaffria Shiite community in their
village, which is located in a Sunni majority area. The complainant and his father have been
organizing religious meetings at which they both preach. As a result, the complainant and
* The following members of the Committee participated in the examination of the present
communication: Alessio Bruni, Satyabhoosun Gupt Domah, Abdoulaye Gaye, Sapana PradhanMalla, Jens Modvig, George Tugushi and Kening Zhang.
2