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| BEFORE: |
CHAIRMAN:
Mr. Alexis Dipanda Mouelle (Cameroon)
VICE-CHAIRMEN: Mr. Peter Thomas Burns (Canada), Mr. Fawzi El Ibrashi
(Egypt), Mr. Hugo Lorenzo (Uruguay)
RAPPORTEUR: Mr. Bent Sorensen (Denmark)
MEMBERS: Mr. Ricardo Gil Lavedra (Argentina), Mrs. Julia Iliopoulos-Strangas
(Greece), Mr. Mukunda Regmi (Nepal), Mr. Habib Slim (Tunisia), Mr.
Alexander M. Yakovlev (Russia)
All the members attended the fifteenth session of the Committee
except Mr. Hugo Lorenzo. Mr. Alexander M. Yakovlev attended the
second week of the session only.
With regard to the absence of Mr. Lorenzo, at both the fourteenth
and fifteenth sessions, the Committee took note of the reply of the
Secretary-General of the United Nations, dated 23 May 1995, to a
letter addressed to him by the Committee, through its Chairman, on
24 April 1995, [FN1] by which the Secretary-General confirmed that Mr.
Lorenzo was not authorized to serve as member of the Committee as
long as he remained a staff member of the United Nations.
FN1. See Official Records of the General Assembly, Fiftieth Session,
Supplement No. 44 (A/50/44), paras. 7 and 8. |
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| Applicant: |
X |
| Respondent: |
Canada |
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| PermaLink: |
http://www.worldcourts.com/cat/eng/decisions/1995.11.20_X_v_Canada.htm |
| Citation: |
X. v. Canada, Comm. 26/1995, U.N. Doc.
A/51/44, at 59 (1995) |
| Publication: |
Report of the Comm. against Torture, U.N. GAOR, 51th
Sess., Supp. No. 44, U.N. Doc. A/51/44, Annex V, at 59 (May 10,
1996) |
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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 20 November 1995,
Adopts the following:
Decision on admissibility [FNa]
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[FNa] In accordance with rule 104 of the Committee's rules of procedure, Mr.
Peter Burns did not take part in the consideration of this communication.
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1. The author of the communication is a Zairian citizen, who arrived from
France at Montreal airport, Canada, on 4 March 1995. An expulsion order was
served on her, and on 27 March she filed a motion for a stay of execution,
which was heard and rejected on 31 March 1995. She was sent back to France
on 4 April 1995. Ms. X claims to be a victim of a violation of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
2. Before considering any claims in a communication, the Committee against
Torture must decide whether or not the communication is admissible under
article 22 of the Convention.
3. Article 22, paragraph 5 (a), precludes the Committee from considering 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. As Ms. X's counsel submitted a
motion relating to her expulsion to the Inter-American Commission on Human
Rights on 13 September 1995, the Committee finds that the requirements of
article 22, paragraph 5 (a), of the Convention have not been met.
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 French text being the
original version.]
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