N. D. (name deleted) v. France, Communication No. 32/1995,
U.N. Doc. CAT/C/15/D/32/1995 (1995).
Communication No. 32/1995
Submitted by: N. D. (name deleted) [represented by counsel]
Alleged victim: The author
State party: France
Date of communication: 24 April 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 20 November 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is a Zairian citizen, currently residing in
France. She claims that her return to Zaire following the dismissal of her
application for refugee status would violate article 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. She is represented by AFIDRA.
2. On 12 September 1993, the author filed a request to be recognized as a
refugee in France, which was rejected by the Office français de protection
des réfugiés et apatrides (French Office for the Protection of Refugees and
Stateless People) on 16 February 1994. Her appeal was rejected by the
Commission des recours des réfugiés (Commission of Appeal in Refugee
Matters) on 20 June 1994. A new application was rejected on 22 September
1994 by the Office français de protection des réfugiés et apatrides and on 8
March 1995 by the Commission des recours des réfugiés. It appears that the
dismissal of the application by the Commission des recours des réfugiés is at
present subject of an appeal in cassation before the Conseil d'Etat, which has
not yet rendered its judgement.
3. An expulsion order (arrêté de reconduite en frontière) issued against the
author is at present on appeal before the Conseil d'Etat, which has not yet

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