CAT/C/62/D/669/2015

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
10 January 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning Communication No. 669/2015*, **
Communication submitted by:

Z.W. (represented by counsel, Frances Milne)

Alleged victim:

The complainant

State party:

Australia

Date of communication:

20 March 2015 (initial submission)

Date of present decision:

28 November 2017

Subject matter:

Deportation to China

Procedural issues:

Insufficient substantiation of the complaint;
exhaustion of domestic remedies

Substantive issue:

Risk of torture

Article of the Convention:

3

1.1
The complainant is Z.W., a national of China born in 1972 and subject to a
deportation order from Australia to China. He claims that his deportation would constitute a
violation by Australia of article 3 of the Convention. The complainant is represented by
counsel.
1.2
On 23 March 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided to grant interim measures under rule 114 (1) of
the Committee’s rules of procedure and requested the State party not to deport the
complainant while the complaint was being considered by the Committee.
Factual background
2.1
The complainant presents himself as a former high-level civil servant in the Taiwan
Affairs Office of the State Council, a ministry of the Government of China. His role
consisted of enabling the expansion of Chinese trading companies.
2.2
On 18 November 2009, the complainant’s daughter, who was three years of age at
the time, was allegedly kidnapped by the Haidan District police in Beijing while staying
with the complainant’s mother. The complainant engaged a private security company to
locate his daughter, who was found on 19 September 2010. The complainant’s mother, who
had been knocked unconscious and injured by the kidnappers, left China for Australia to
join the complainant’s sister.
* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Claude Heller Rouassant, Jens Modvig,
Ana Racu and Sébastien Touzé.

GE.18-00378(E)

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