CAT/C/49/D/346/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-ninth session)
concerning
Communication No. 346/2008
Submitted by:
S.A.C. (represented by counsel, Mr. Frank Michel)
Alleged victim:
S.A.C.
State party:
Monaco
Date of complaint:
8 July 2008 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 13 November 2012,
Having concluded its consideration of communication No. 346/2008, submitted by
S.A.C. under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
the complainant’s counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, S.A.C., born 7 January 1944 in Tradate, Italy, has Brazilian and
Italian nationality. He contends that his extradition to Brazil would constitute a violation of
article 3 of the Convention against Torture. The complainant is represented by counsel, Mr.
Frank Michel.1
1.2
On 11 July 2008, the Rapporteur for new complaints and interim measures decided
not to request interim measures from the State party to suspend the complainant’s
extradition to Brazil.
The facts as submitted by the complainant
2.1
The complainant used to reside in Brazil, where he worked as a banker. On 31
March 2005, he was sentenced by a single judge of the Court of Justice of the State of Rio
de Janeiro to 13 years’ imprisonment for embezzlement of funds and fraudulent practices in
the management of the Central Bank of Brazil. The complainant was released on a
provisional basis. He then left Brazil and went to Italy, where he established a residence.
1
2
The State party made the declaration under article 22 of the Convention on 6 December 1991.
GE.13-40769