VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22, PARAGRAPH 7,
OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT - TWENTY-FIRST SESSION
Communication No. 91/1997
A. (name withheld)
[represented by counsel]
Date of communication:
23 October 1997
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Meeting on 13 November 1998,
Having concluded its consideration of communication No. 88/1997,
submitted to the Committee against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the
author of the communication, her counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
The author of the communication is A., a Tunisian citizen born in 1972,
currently residing in the Netherlands, where he is seeking asylum. He
claims that his forced return to Tunisia would constitute a violation by
the Netherlands of article 3 of the Convention against Torture. He is
represented by counsel.
Facts as presented by the author
Author reports that he has had problems with the Tunisian authorities
since he was a student because he used to criticize the Government at school.
Because of that and an argument he had with his headmaster about a private
issue he was dismissed from school in 1988. In July 1989 he travelled to
France with a temporary visa and worked there illegally. He had the intention
to study in France but after eight months was caught and sent back to Tunisia.
Three months later he travelled again to France but he was again caught
13 days after his arrival and sent back.