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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