CCPR/C/125/D/2238/2013 doubts about the documents they had presented as evidence, even though they had been confirmed as valid by the Punjab Human Rights Organization, one of the main human rights organizations in the Punjab. The authors brought both denials to the Federal Court but were not granted judicial review in either case. 2.8 On 12 October 2012, the authors filed a new application for a pre-removal risk assessment, alleging new evidence of the risk facing them if returned to India. The authors submitted, as new evidence, a number of affidavits of prominent individuals and family members from their area confirming the facts they claimed. 3 The new pre-removal risk assessment application, however, was never considered because there is a legislative bar against submitting a new case within the first 12 months after the receipt of a negative decision. The new application submissions were therefore not eligible to be presented to the Canadian asylum authorities until 5 April 2013. 2.9 On 4 March 2013, the authors filed an application for leave and for judicial review of the removal decision against N.P.S.S., to postpone his removal. They also filed a motion for a stay of their deportation. On 20 March 2013, the Federal Court refused to hear their motion. 2.10 The authors claim that they have tried everything possible under domestic Canadian law, which did not appear to provide an effective recourse to correct errors. They have also submitted a request for a declaratory judgment on the one-year bar against filing a new preremoval risk assessment application. 2.11 Lastly, the authors informed the Committee that, in September 2011, a false criminal case had been registered against N.P.S.S. in India for events that allegedly took place when he was already in Canada. In October 2011, he was declared to be a proclaimed offender under Indian law by the Subdivisional Court in Dasuya, allegedly putting him in great danger of detention and torture if returned to India.4 The complaint 3.1 The authors submit that there is very strong evidence showing that they are still at risk of severe mistreatment, torture and honour killing in India. 5 3.2 The authors claim that there is a violation of their right to due process and to an effective remedy given that no avenue was provided for the presentation and review of new evidence. The authors add that the denial of access to administrative or judicial relief without evaluation of the new evidence does not respect the right to present one’s case before the proper authority to seek justice. 3.3 The authors note that the prohibition of return to torture or to extrajudicial execution is a fundamental right under international law and that this involves articles 6 and 7 of the Covenant, read in conjunction with article 2 of the Covenant. 3.4 The authors claim that the absence of any means of having a case considered on the substance because of the one-year bar against pre-removal risk assessment 6 applications after a decision deprives the authors of any effective recourse and violates article 13 of the Covenant. 3.5 Lastly, the authors claim a violation of article 14 of the Covenant on the basis of the “many violations of the right to a hearing and the right to an effective recourse”. In 3 4 5 6 The authors attach a letter of support from a Member of the Punjab Legislative Assembly and one from the Punjab Human Rights Organization confirming the problem of honour killing and the system of impunity around this crime in India. The authors provide two documents in this regard: First Information Report No. 45 accusing N.P.S.S. of having participated in an assault on another individual in September 2011 and a court document declaring N.P.S.S. to be a proclaimed offender in the case described in First Information Report No. 45. The authors provide a letter from the Punjab Human Rights Organization, dated 21 July 2012, recommending that the authors be helped and not deported, given that “honour killing is a fact of life in India, more so in North India”. The authors refer to Committee against Torture, Singh v. Canada (CAT/C/46/D/319/2007). 3

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