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| BEFORE: |
CHAIRMAN: Mr. Joseph Voyame (Switzerland)
VICE-CHAIRMEN: Mr. Alexis Dipanda Mouelle (Cameroon), Mr. Ricardo
Gil Lavedra (Argentina), Mr. Dimitar N. Mikhailov (Bulgaria)
RAPPORTEUR: Mr. Peter Thomas Burns (Canada)
MEMBERS: Mr. Alfredo R.A. Bengzon (Philippines), Ms. Christine
Chanet (France), Ms. Socorro Diaz Palacios (Mexico), Mr. Yuri A.
Khitrin (Soviet Union), Mr. Bent Sorensen (Denmark)
All the members attended the fifth session of the Committee except
Ms. Socorro Diaz Palacios. Mr. Ricardo Gil Lavedra attended only
part of the session. |
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| Applicant: |
W.J. |
| Represented By: |
W.J. |
| Respondent: |
Austria |
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| Perma
Link: |
http://www.worldcourts.com/cat/eng/decisions/1990.11.22_WJ_v_Austria.htm |
| Citation: |
W.J. v. Austria, Comm. 5/1990, U.N. Doc. A/46/46, at
73 (CAT 1990) |
| Publication: |
Report of the Comm. against Torture, U.N. GAOR, 46th
Sess., Supp. No. 46, U.N. Doc. A/46/46, Annex VIII, at 73 (May 3,
1991) |
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The Committee
against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 22 November 1990,
Adopts the following:
Decision on Admissibility
1. The author of the communication (submission dated 25 August 1990 and
subsequent correspondence) is W. J., an Austrian citizen currently detained
at a correctional facility in Austria. He claims to be victim of violations
by Austria or articles 12, 13 and 15 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. Austria made the
declaration provided for in article 22 of the Convention effective 28 August
1987.
2. Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22
of the Convention.
3. Article 22, paragraph 5 (a), of the Convention provides that the
Committee shall not consider any communication from an individual unless it
has ascertained that the same matter has not been, and is not being,
examined under another procedure of international investigation or
settlement. Having ascertained that the author has submitted the same matter
to the European Commission of Human Rights, which has registered the case as
application No. 16121/90, the Committee is precluded from examining the
communication.
4. The Committee therefore decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version]
All persons handling this document are requested to respect and observe its
confidential nature.
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