WorldCourts: International Case Law Database   International Case Law Database
50,000+ decisions · 50+ institutions

U.N. Doc. CAT/C/15/D/26/1995

 Communication No. 26/1995


 20 November 1995



Fifteenth Session

 13 -24 November 1995






Decision on admissibility


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.

Applicant: X
Respondent: Canada
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)


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]

[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.

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.]

Follow on X | Database Scope | Terms & Conditions | About

Copyright © 1999- WorldCourts. All rights reserved.