Decision
The Committee against Torture, established under Article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
The Committee notes that the State party concedes that domestic remedies have been exhausted in relation to the complainant’s other claims. Thus, the issue of whether the legal remedies available under the Canadian immigration review scheme are ineffective, as alleged by counsel, need not be considered by the Committee.
The Committee must evaluate whether there are substantial grounds for believing that the complainant would be personally in danger of being subjected to torture upon return to India. In assessing the risk, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2 of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights.
The Committee notes that the complainant submitted evidence in support of his claim that he was tortured during detention in 1999, including medical reports, as well as written testimony said to corroborate this allegation. It also notes the 2001 medical report from a clinic in Canada, which concluded that there was sufficient objective physical and psychological evidence that corroborated with the subjective account of torture. Finally, it notes that the complainant contends he was detained and tortured because he was accused of being a militant, and not just because he is a Sikh. However, the Committee considers that, even if it were assumed that the complainant was tortured by Punjabi police in the past, it does not automatically follow that, six years after the alleged events occurred, he would still be at risk of being subjected to torture if returned to India. In particular, the Committee notes that the political party against which the complainant campaigned is no longer in power in Punjab.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers that the State party’s decision to return the complainant to India would not constitute a breach of article 3 of the Convention.