CAT/C/33/D/163/2000
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-third session
Concerning
Communication No. 163/2000
Submitted by:
Heli Arfahad SAUT VILLAMAR and Flor OSORIO
CANCINO (represented by counsel, Mr. Oscar Fernando
Rodas)
Alleged victims:
The complainants
State party:
Canada
Date of complaint:
28 February 2000
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 24 November 2004,
Adopts the following:
DECISION ON ADMISSIBILITY
1.1
The complainants are Heli Arfahad Saut Villamar, born in 1973, and his wife,
Flor Osorio Cancino, born in 1975, both Mexican nationals. They applied for asylum on
28 May 1999, five months after arriving in Canada. Their requests were rejected by the
Canadian Immigration and Refugee Board on 6 January 2000. The Federal Court of Canada
confirmed this decision on 26 May 2000. The complainants claim that their forced return to
Mexico would constitute a violation by Canada of article 3 of the Convention.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
complaint to the attention of the State party on 27 April 2000. At the same time, acting under
rule 108 of its rules of procedure, the Committee requested the State party not to expel the
complainants to Mexico while their complaint was being considered.