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-eighth session
concerning
Complaint No. 138/1999
Submitted by:

Mr. M.P.S.
(represented by counsel)

Alleged victim:
State party:

Mr. M.P.S.
Australia

Date of complaint:

4 June 1999

Date of present decision:

30 April 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 30 April 2002,
Having concluded its consideration of complaint No. 138/1999, submitted to
the Committee against Torture 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 and the State party,
Adopts its Decision under article 22, paragraph 7, of the Convention.
1.1
The complainant is Mr. M.P.S., a Sri Lankan national of Tamil ethnicity, who,
at the time of submitting his complaint, was detained at the Villawood Detention
Centre in Sydney, Australia. He claims that his removal to Sri Lanka entailed a
violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment by Australia. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the complaint to the State party on 21 June 1999 at 2.35 p.m. Geneva
time. At the same time, acting under rule 108 of its rules of procedure, the Committee
requested the State party not to expel the complainant to Sri Lanka while his
complaint was being considered. The Committee notes the information from the State

2

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