CAT/C/48/D/370/2009
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-eighth session)
concerning
Communication No. 370/2009
Submitted by:
E.L. (represented by counsel, Mr. Carlos
Hoyos-Tello)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
14 January 2009 (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 21 May 2012,
Having concluded its consideration of complaint No. 370/2009, submitted to the
Committee against Torture by E.L. 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 complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, Mr. E.L., was born in 1961 in Haiti and is a Haitian national. He
claims that his removal to Haiti would constitute a violation by the State party of article 3
of the Convention. The complainant is represented by counsel, Mr. Carlos Hoyos-Tello.
1.2
On 11 February 2009, in application of rule 108, paragraph 1, of its rules of
procedure, the Committee asked the State party not to deport the complainant to Haiti while
his complaint was being considered. On 28 December 2009, in the light of the information
submitted by the State party, the Committee decided to withdraw its request for interim
measures.
The facts as submitted by the complainant
2.1
The complainant arrived in Canada on 21 November 1990 and became a permanent
resident, sponsored by his first wife. On 9 April 2003 he was found guilty of assault and
given a two-year suspended sentence. On 12 June 2006 he was found guilty of another
offence, thereby violating the conditions of his suspended sentence, and was fined 50
Canadian dollars. On 29 June 2007 he was found guilty of importing narcotics, possession
of narcotics for the purpose of trafficking, and possession of prohibited substances, and was
2
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