CAT/C/64/D/615/2014 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 12 September 2018 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 615/2014*, ** Communication submitted by: Joyce Nakato Nakawunde (not represented by counsel) Alleged victim: The complainant State party: Canada Date of complaint: 25 June 2014 (initial submission) Document references: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 30 June 2014 Date of present decision: 3 August 2018 Subject matter: Deportation to Uganda Procedural issues: Lack of substantiation of claims; non-exhaustion of domestic remedies; incompatibility with the Convention Substantive issue: Risk to life and of torture or ill-treatment in the event of deportation to country of origin Articles of the Convention: 1 and 3 1.1 The complainant is Joyce Nakato Nakawunde, a national of Uganda born on 13 April 1966. She submits the communication on her behalf and on behalf of her 11-year-old daughter, Sanyu, born in Canada on 14 May 2004. The complainant, who claims to be a lesbian, is subject to forcible removal from Canada to Uganda, as she overstayed her student visa.1 She claims that her forcible removal to Uganda would constitute a violation by Canada of articles 1 and 3 of the Convention. She fears that she will be arrested, tortured and eventually killed by the Ugandan police and anti-gay mobs if returned. The complainant is not represented by counsel. * Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018). ** The following members of the Committee participated in the consideration of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. 1 The complainant did not apply for asylum in Canada. Her removal was ordered following a negative decision on her application for pre-removal risk assessment of 15 June 2014. The notification from the Canadian Border Services Agency dated 17 June 2014 informed her that her removal was scheduled to take place on 8 July 2014, at 5 a.m. GE.18-15137(E) 

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