CAT/C/30/D/219/2002
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22
OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Thirtieth session
concerning
Communication No. 219/2002
Submitted by:
Ms. G. K. (represented by counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
18 October 2002 (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 7 May 2003,
Having concluded its consideration of complaint No. 219/2002, submitted to the
Committee against Torture by Ms. G. K. 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, his
counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is G. K., a German national, born on 12 January 1956, at the time of the
submission of the complaint held at the police detention centre at Flums (Switzerland), awaiting
extradition to Spain. She claims that her extradition to Spain would constitute a violation by
Switzerland of articles 3 and 15 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. She is represented by counsel.
1.2
On 22 October 2002, the Committee forwarded the complaint to the State party for
comments and requested, under rule 108, paragraph 1, of the Committee’s rules of procedure,
not to extradite the complainant to Spain while her complaint was under consideration by the
Committee. The Committee indicated, however, that this request could be reviewed in the light
of new arguments presented by the State party or on the basis of guarantees and assurances from
the Spanish authorities. The State party acceded to this request.