CAT/C/43/D/307/2006 Annex Decision of the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Forty-third session) concerning Communication No. 307/2006 Submitted by: Emad Yassin (represented by counsel, Mr. Byron E. Pfeiffer) Alleged victim: The complainant State party: Canada Date of the complaint: 29 October 2006 (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 4 November 2009, Having concluded its consideration of complaint No. 307/2006, submitted to the Committee against Torture on behalf of Emad Yassin under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the communication, his counsel and the State party, Adopts the following: Decision under article 22, paragraph 7, of the Convention against Torture 1.1 The complainant is Mr. Emad Yassin, an Iraqi national born in 1964, currently facing deportation from Canada to Iraq. He claims that his return to Iraq would constitute a violation by Canada of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel, Mr. Byron E. Pfeiffer. 1.2 On 30 October 2006, the complainant asked the Committee to request the State party to stay the removal order against him, pending the Committee’s final decision on his complaint. On 31 October 2006, the Committee, through its Special Rapporteur on New Complaints and Interim Measures, transmitted the complaint to the State party, without requesting interim measures of protection under Rule 108, paragraph 1, of its rules of procedure. Factual background 2.1 The complainant was conscripted into the Iraqi military service (the “Republican Guards”) in 1983, when Iraq was at war with Iran. One month after his release from military service on 1 July 1990, he was again called to serve in the military, following the 2 GE.09-46716

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