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
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