CAT/C/21/D/67/1997
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 - TWENTY-FIRST SESSION
concerning
Communication No. 67/1997
Submitted by:

E.O. Akhidenor, E. Ainabe, R. Akhidenor,
J. Akhidenor, K. Akhidenor and W. Akhidenor
[represented by counsel]

Alleged victim:

Michael Osaretin Akhimien

State party:

Canada

Date of communication:

5 December 1996

The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 17 November 1998,
Adopts the following:
Decision on admissibility
1.
The authors of the communication are Ms. Elizabeth Omoaluse Akhidenor,
Mr. Ezekiel Ainabe, Mr. Richard Akhidenor, Ms. Jenniffer Akhidenor,
Ms. Kingsley Akhidenor and Mr. William Akhidenor, citizens of Nigeria and
surviving relatives and dependants of Mr. Michael Osaretin Akhimien. The
authors claim that in connection with the death in detention of Mr. Akhimien
and the subsequent investigation into the causes of his death, Canada has
acted in violation of articles 2, 10, 11, 12, 13, 14 and 16 of the Convention.
The authors are represented by counsel.
Facts as submitted by the authors
2.1
Mr. Akhimien was arrested on 28 October 1995, after having filed an
application for asylum in Canada. He was held at the Canadian Immigration
Detention Centre of Niagara Falls until 30 October 1995 when he was
transferred to the Canadian Immigration Holding Centre Celebrity Inn in
Mississauga, Ontario. Mr. Akhimien remained at the Celebrity Inn until his
death, caused by pneumonia and/or untreated diabetes, on 17 December 1995.
2.2
According to counsel, on 6 December 1995, Mr. Akhimien had complained to
other detainees at the Celebrity Inn that he was experiencing health problems,
including blurred vision. On the same date, Mr. Akhimien made a written
request to see the Celebrity Inn's medical doctor, listing his symptoms as

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