CAT/C/40/D/309/2006
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
Fortieth session
Concerning
Communication No. 309/2006
Submitted by:
R. K. et al. (represented by counsel, Confrere
Juristbyrå)
Alleged victim:
The complainant
State party:
Sweden
Date of the complaint:
12 December 2006 (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 16 May 2008,
Having concluded its consideration of complaint No. 309/2006, submitted to the
Committee against Torture by R. K. et al. 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 author of the
communication, his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture.
1.1 The complainants are R. K., his wife T. O. and their three children, T. K., born on 2
November 1989, T. S., born on 8 February 1992, and S. K., born on 14 February 2005,
currently awaiting deportation from Sweden to Azerbaijan. They claim that their deportation
would constitute a violation by Sweden of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainants are
represented by counsel, Confrere Juristbyrå.
1.2 On 13 December 2006, the Rapporteur for new complaints and interim measures
requested the State party not to deport the complainants to Azerbaijan while their case is
under consideration by the Committee, in accordance with rule 108, paragraph 1, of the
Committee’s rules of procedures. On 13 September 2007, the State party acceded to this
request.