CAT/C/55/D/505/2012
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-fifth session)
concerning
Communication No. 505/2012*, **
Submitted by:
P.S.B. and T.K. (represented by counsel, Stewart
Iswanffy)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
8 May 2012 (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 13 August 2015,
Having concluded its consideration of complaint No. 505/2012, submitted to the it
by P.S.B. and T.K. under article 22 of the Convention,
Having taken into account all information made available to it by the complainant,
her counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention against Torture
1.1
The complainants are P.S.B. and T.K., his wife, nationals of India, born on 10
December 1971 and 31 May 1972, respectively . They claim that their deportation to India
by Canada would violate article 3 of the Convention. The complainants are represented by
counsel.
1.2
On 18 May 2012, in application of rule 114, paragraph 1, of its rules of procedure,
the Committee requested the State party not to remove the complainants to India while the
communication was being considered by the Committee. On 28 May 2015, the Committee
reiterated its request.
The facts as presented by the complainant
2.1
The complainants lived in a village called Sangojla, Kapurthala district, Punjab, in
India. The first complainant worked at his family farm. Two of his cousins were involved in
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Abdoulaye Gaye, Claudio Grossman, Satyabhoosun
Gupt Domah, Jens Modvig, Sapana Pradhan-Malla and Kening Zhang.
** The text of an individual opinion of Committee member Alessio Bruni is appended to the present
decision.
2