CAT/C/62/D/722/2015

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. 722/2015*, **
Communication submitted by:

B.K. (not represented by counsel)

Alleged victim:

The complainant

State party:

Norway

Date of complaint:

21 December 2015 (initial submission)

Date of adoption of decision:

4 December 2017

Subject matter:

Deportation of complainant from Norway to the
Democratic Republic of the Congo

Procedural issue:

Admissibility — non-exhaustion; manifestly illfounded

Substantive issue:

Torture — prompt and impartial investigation

Articles of the Convention:

3 and 22

Background
1.1
The complainant is Mr. B.K., a citizen of the Democratic Republic of the Congo,
born in 1981. He initially submitted his communication on 15 December 2015 and sent
further information on 23 December 2015. He fled the Democratic Republic of the Congo
fearing for his life and at the time of submission of the complaint was residing in Norway.
His initial asylum application was rejected on 16 September 2011. On 22 August 2013, the
Immigration Appeals Board rejected an appeal submitted by the complainant and the
Norwegian authorities asked him to leave the country, indicating that otherwise he would
be forcibly deported. The complainant asserts that his rights under article 3 of the
Convention will be violated if Norway proceeds with his deportation. The complainant is
not represented by counsel.
1.2
On 24 December 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures asked the State party not to deport the complainant while
his complaint was being considered by the Committee. 1 On 10 October 2016, the State

* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
1 That request was then reiterated by the Committee to the State party on 29 August and 20 September
2016.

GE.18-00379(E)

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