12 April 2007
Hon. Diane Finley
Minister of Citizenship and Immigration
Ottawa, Ontario, K1A 1L1
We are writing to express the grave concern of our organizations over the recent decision by a Pre-Removal Risk officer in the application by Enrique Falcon Rios. This decision shows an unacceptable disregard for the authority and competence of the United Nations Committee Against Torture.
In December 2004, the Committee Against Torture upheld a complaint by Mr Falcon Rios, concluding that his removal to Mexico would constitute a violation of Canada’s obligation under article 3 of the Convention against Torture (CAT/C/33/D/133/1999). We are shocked to find that the Pre-Removal Risk officer set aside this conclusion, commenting that the Committee has not “satisfied him” that the decision rendered by the Immigration and Refugee Board represents a denial of justice.
As a country that is signatory to the Convention Against Torture, and with aspirations to leadership in the field of human rights, Canada must show all appropriate deference to the United Nations human rights institutions. This includes accepting fully decisions of the Committee Against Torture.
We therefore urge you to implement immediately the decision of the Committee Against Torture by ensuring that Mr Falcon Rios is protected from removal to Mexico, and to adopt a policy that ensures future full respect by Citizenship and Immigration Canada for all decisions of UN human rights institutions.
Canadian Council for Refugees
Amnesty International Canada
Intervention network for people having been subjected to organized violence (RIVO)
Table de concertation au services des personnes réfugiées et immigrantes (TCRI)