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Canada: Further information on fear of refoulement / fear of torture: Manickavasagam Suresh

, Index number: AMR 20/002/1998

This Tamil man from Sri Lanka is still facing imminent forcible return to Sri Lanka, where he would be in danger of serious human rights violations, particularly torture. On 19 January 1998, his deportation from Canada, scheduled for the same day, was stayed until 23 January 1998, in order to give an Ontario Court the opportunity to hear a motion to stay his removal.

EXTERNAL AI Index: AMR 20/02/98
23 January 1998
Further information on EXTRA 05/98 (AMR 20/01/98, 9 January 1998) - Fear of
refoulement / Fear of torture
CANADAManickavasagam Suresh, aged 42
Manickavasagam Suresh, a Tamil man from Sri Lanka, is still facing imminent
forcible return to Sri Lanka, where he would be in danger of serious human
rights violations, particularly torture.
On 19 January l998, his deportation from Canada, scheduled for the same day,
was stayed until 23 January 1998, in order to give an Ontario Court the
opportunity to hear a motion to stay his removal.
In an affidavit presented to the Federal Court of Canada, a lawyer acting on
behalf of the Department of Citizenship and Immigration summarized a
communication received by one official from another official, advising that
the Sri Lankan government had given assurances to other officials of the Canadian
government that Manickavasagam Suresh would not be subjected to "torture or
degrading treatment". The communication notes that it was "presumed" that the
Sri Lankan government would provide protection.
In these circumstances, Amnesty International does not view that adequate
assurances have been given that Manickavasagam Suresh will not be subjected
to torture if returned to Sri Lanka.
FURTHER RECOMMENDED ACTION: Please send telegrams/faxes in English or in your
own language:
- urging that Manickavasagam Suresh not be forcibly returned to Sri Lanka and
expressing deep concern that, if returned, he would be at risk of serious human
rights violations, in particular torture, in Sri Lanka;
- urging that Canada abide by its obligations under the Convention against
Torture and that Manickavasagam Suresh not be put at risk of torture irrespective
of any accusations against him;
- noting that the Canadian government is bound by the internationally-recognized
principle of non-refoulement, which prohibits states from forcibly returning
people to countries where they risk serious human rights violations.
APPEALS TO:
Jean Chretien
Prime Minister
Office of the Prime Minister
Langevin Block
Ottawa, Ontario KIA 0A2, Canada
Faxes: +1 613 995 0101
Telegrams: Prime Minister, Ottawa, Canada
Salutation: Dear Prime Minister
Anne McLellan
Minister of Justice
Department of Justice
Justice Building
Ottawa, Ontario K1A OH8, Canada
Faxes: + 1 613 941 2279
2
Telegrams: Justice Minister, Ottawa, Canada
Salutation: Dear Minister
Lucienne Robillard
Minister of Citizenship & Immigration
Jean Edmonds Tower South 21/f
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1, Canada
Faxes: +1 613 954 2221
Telegrams: Immigration Minister Robillard, Ottawa, Canada
Salutation: Dear Minister
COPIES TO: diplomatic representatives of Canada accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.

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