CAT/C/30/D/191/2001
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
Thirtieth session
concerning
Communication No. 191/2001
Submitted by:
S.S. (represented by counsel)
Alleged victim:
S.S.
State party:
The Netherlands
Date of complaint:
20 September 2001 (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 5 May 2003,
Having concluded its consideration of complaint No. 191/2001, submitted to the
Committee against Torture by Mr. S.S. 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, his
counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is Mr. S.S. a Sri Lankan national belonging to the Tamil population
group, born on 27 November 1956 in Kayts (Jaffna), currently residing in the Netherlands and
awaiting deportation to Sri Lanka. He claims that his forcible return to Sri Lanka would
constitute a violation by the Netherlands of article 3 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel.
1.2
On 23 October 2001, the Committee forwarded the complaint to the State party for
comments and requested it, under rule 108, paragraph 1, of the Committee’s rules of procedure,
not to expel the complainant to Sri Lanka while his complaint was under consideration by the
Committee. The State party acceded to this request.