United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
12 June 2019
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 768/2016*, **
Communication submitted by:

J.M. (represented by counsel, Bart Stapert,
Caroline Buisman and Devika Kamp)

Alleged victim:

The complainant

State party:

The Netherlands

Date of complaint:

11 July 2016 (initial submission)

Document references:

Decision taken pursuant to rule 115 of the
Committee’s rules of procedure, transmitted to
the State party on 26 August 2016 (not issued in
document form)

Date of adoption of decision:

16 May 2019

Subject matter:

Extradition from the Netherlands to Rwanda

Procedural issues:

Another procedure of international investigation
or settlement; exhaustion of domestic remedies;
substantiation of the complaint; admissibility
ratione materiae

Substantive issue:

Risk of torture and ill-treatment

Article of the Convention:


The complainant is J.M., a national of Rwanda, born on 24 October 1959. At the
time of the submission of the communication, he was facing extradition to Rwanda. He
claims that his extradition to Rwanda would constitute a violation by the State party of his
rights under article 3 of the Convention. The State party has made the declaration pursuant
to article 22 (1) of the Convention, effective from 20 January 1989. The complainant is
represented by counsel.
On 28 August 2016, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided not to issue a request for interim measures under
rule 114 of the Committee’s rules of procedure. The complainant was extradited to Rwanda
on 12 November 2016.

* Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Bakhtiyar Tuzmukhamedov and Honghong Zhang.



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