CAT/C/38/D/249/2004
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
Thirty-eighth session
concerning
Communication No. 249/2004
Submitted by:
Mr. Nadeem Ahmad Dar (represented by
counsel)
Alleged victim:
The complainant
State party:
Norway
Date of complaint:
29 March 2004 (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 11 May 2007,
Having concluded its consideration of complaint No. 249/2004, submitted to the
Committee against Torture by Mr. Nadeem Ahmad Dar, 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 author of the
complaint, his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Committee against
Torture.
1.1 The complainant is Nadeem Ahmad Dar, a Pakistani citizen born on 2 January 1961,
residing in Norway. He initially claimed that his deportation to Pakistan would constitute a
violation by Norway of article 3 of the Convention. He now claims that his deportation to
Pakistan despite the Committee’s request for interim measures constituted a violation by
Norway of its obligation to cooperate in good faith with the Committee, under article 22 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
1.2 By Note Verbale of 2 April 2004, the Committee transmitted the complaint to the State
party, together with a request under rule 108, paragraph 1, of the Committee’s Rules of
Procedure, not to expel the complainant to Pakistan pending the Committee’s consideration
of his complaint. The Note Verbale indicated that this request was made on the basis of the
information contained in the complainant’s submission and that it could be reviewed, at the