CAT/C/23/D/93/1997
page 2
Annex
DECISION BY THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22
OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT TWENTY-THIRD SESSION
concerning
Communication No. 93/1997
Submitted by:
K.N. (name deleted)
[represented by counsel]
Alleged victim:
The author
State party:
France
Date of communication:
15 August 1997
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment,
Meeting on 18 November 1999,
Adopts the following decision:
Decision on admissibility
1.1
The author of the communication is K.N., born in 1963, a national of the
Democratic Republic of the Congo (former Zaire) currently living in France, where he has
asked for asylum and faces deportation. He asserts that to return him to the Democratic Republic
of the Congo would constitute a violation by France of article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by
counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
communication to the attention of the State party on 17 December 1998.
Facts as submitted by the author
2.1
The author says that he was a student leader in Zaire, and organized student
demonstrations against President Mobutu’s regime. He gives no description of his activities in
Zaire, but submits copies of a wanted notice for him issued on 4 May 1992, an arrest and
detention warrant for incitement to rebellion drawn up by the Ndjili Prosecutor’s Office
on 22 April 1992, and a pre-trial release on bail order for his brother dated 24 July 1992.