United Nations

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

Distr.: General
23 August 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 731/2016*, **
Communication submitted by:


Alleged victims:

The complainant, his wife and their two minor

State party:


Date of complaint:

29 February 2016 (initial submission)

Date of present decision:

4 May 2018

Subject matter:

Transfer of the complainant to France under the
Dublin Regulation

Procedural issues:

Admissibility — exhaustion of domestic
remedies; admissibility — manifestly unfounded

Substantive issues:

Non-refoulement; refugee status; torture

Articles of the Convention:

2 and 22

The complainant and his family members are nationals of the Congo. At the time of
submission of the present communication, their request for asylum had been rejected in
Norway and they were to be transferred to France within the framework of the Dublin
Regulation. The complainant claims that their deportation would constitute a violation, by
Norway, of articles 2 and 22 of the Convention.
On 16 March 2016, the Committee, acting through its Rapporteur on new
complaints and interim measures, rejected the complainant’s request for interim measures.
The State party transferred the complainant and his family to France on 21 March 2016.
On 27 July 2016, following the State party’s request dated 13 May 2016, the
Committee decided to consider the admissibility of the communication separately from its

* Adopted by the Committee at its sixty-third session (23 April–18 May 2018).
** The following members of the Committee participated in the examination of the communication:
Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón,
Bakhtiyar Tuzmukhamedov and Honghong Zhang. Pursuant to rule 109, read in conjunction with rule
15, of the Committee’s rules of procedure, and article 10 of the guidelines on the independence and
impartiality of members of the human rights treaty bodies (the Addis Ababa Guidelines), Sébastien
Touzé did not participate in the examination of the communication.



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