CAT/C/59/D/581/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
23 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 581/2014*, **
Communication submitted by:
S.S. (represented by counsel, Rajwinder Bhambi)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
2 January 2014 (initial submission)
Date of present decision:
30 November 2016
Subject matter:
Expulsion to India
Procedural issues:
None
Substantive issues:
Torture, non-refoulement
Article of the Convention:
3
1.1
The complainant is S.S., a citizen of India born in 1964. His request for asylum in
Canada was rejected and, at the time of submission of the complaint, he was awaiting
removal to India. He claims that his deportation would violate his rights under article 3 of
the Convention. The complainant is represented by counsel.
1.2
On 2 January 2014, pursuant to rule 114, paragraph 1, of its rules of procedure, the
Committee requested the State party not to expel the complainant to India while the
communication was being considered by the Committee.
1.3
On 5 June 2014, the State party requested the Committee to review its request for
interim measures of protection. On 25 August and 12 September 2014, the complainant
provided his comments on the State party’s request for a review of the interim measures
request. Having considered both parties’ submissions, the Committee decided on 15
September 2014 to rescind its request on interim measures of protection.
Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in examination of the communication: Essadia
Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana
Racu, Sébastien Touzé and Kening Zhang.
GE.17-00970(E)