CAT/C/66/D/771/2016

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
11 June 2019
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 771/2016*, **
Communication submitted by:

J.I. (represented by counsels Bart Stapert,
Caroline Buisman and Devika Kamp)

Alleged victim:

The complainant

State party:

Netherlands

Date of complaint:

11 July 2016

Document references:

Decision taken pursuant to rule 115 of the
Committee’s rules of procedure, transmitted to
the State party on 7 September 2016 (not issued
in document form)

Date of present decision:

16 May 2019

Subject matter:

Extradition from the Netherlands to Rwanda

Procedural issues:

Another procedure of international investigation
or settlement; exhaustion of domestic remedies;
substantiation of the complaint; admissibility
ratione materiae

Substantive issue:

Risk of torture and ill-treatment

Article of the Convention:

3

1.1
The complainant is J.I., a national of Rwanda born on 14 December 1975. He claims
that his extradition to Rwanda would constitute a violation by the State party of his rights
under article 3 of the Convention. The complainant is represented by counsel.
1.2
On 7 September 2016, the Committee, acting through its Rapporteur on new
complaints and interim measures, informed the complainant that it had denied his request
for interim measures and would therefore not request the State party to refrain from
removing him to Rwanda pending the examination of his complaint. The complainant was
extradited to Rwanda on 12 November 2016.
1.3
On 21 March 2017, pursuant to rule 115 (3) of the Committee’s rules of procedure,
the Committee, acting through its Rapporteur on new communications and interim
measures, rejected the State party’s request for the admissibility of the communication to be

* Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Bakhtiyar Tuzmukhamedov and Honghong Zhang.

GE.19-09382(E)

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