COMMITTEE AGAINST TORTURE CONCLUDES DISCUSSION ON FOLLOW-UP TO COMMUNICATIONS

Committee against Torture
8 May 2009


The Committee against Torture had a brief public meeting this morning to conclude its discussion on follow-up to individual communications, which it had begun yesterday afternoon.

Continuing his presentation of the report on follow-up to individual communications (CAT/C/42/R.1) begun yesterday, Committee Expert Fernando Mariño Menendez said he had presented seven cases under this procedure: two on Spain, one on Sweden, two on Tunisia, one on Canada and one on Montenegro. In Montenegro, they should conclude the follow-up and for the other six, different follow-up measures were proposed. In the majority of cases it was a case of the Committee using its good offices to press the States parties to adopt the Committee's Views. In one of the Tunisian cases, it was recommended that the State set up a body to investigate the way in which the individual was killed. In the case of Canada, involving a violation of the Committee's decision not to expel someone, the Committee had asked that Canada enter into contact with the Indian authorities to determine the whereabouts of the individual and to ensure that the person was well. With regard to Sweden, they had asked that the person be returned to Sweden without prejudice to other follow-up measures proposed, such as reparations, essentially to return the individual to his status quo ante.

Claudio Grossman, the Committee Chairperson, noted that the restitution of individual situations to their status quo ante was generally not possible, but agreed that in the Swedish and Canadian cases of refoulement this was appropriate.

Following a discussion, the report was adopted, including the recommendations contained therein.

When the Committee next reconvenes in public, on Tuesday, 12 May at 3 p.m., it will meet with members of the Subcommittee on the Prevention of Torture to discuss issues of common concern.

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For use of the information media; not an official record