CAT/C/34/D/211/2002
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- fourth session
Concerning
Communication No. 211/2002
Submitted by:
Mr. P. A. C. (represented by counsel, Mr.
Chandrani Buddhipala )
Alleged victim:
The complainant
State party:
Australia
Date of the complaint:
7 June 2002
The Committee against Torture, established under Article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 3 May 2005,
Having concluded its consideration of complaint No. 211/2002, submitted to
the Committee against Torture by Mr. P. A. C. 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
complainant, her counsel and the State party,
Adopts the following:
Decision of the Committee against Torture under article 22 of the Convention
1.1
The complainant is Mr. P. A. C., a Sri Lankan national of Tamil ethnic origin
born on 15 March 1976 and, at the time of submission of the complaint, detained in
immigration detention awaiting removal from Australia to Sri Lanka. He claimed that
his expulsion to Sri Lanka would constitute a violation by Australia of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
The facts as presented