CAT/C/30/D/190/2001
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
Thirtieth session
concerning
Communication No. 190/2001
Submitted by:
K.S.Y. (represented by counsel)
Alleged victim:
K.S.Y.
State party:
The Netherlands
Date of complaint:
5 January 2001 (initial submission)
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 15 May 2003,
Having concluded its consideration of complaint No. 190/2001, submitted to the
Committee against Torture by Mr. K.S.Y. 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 author of the
complaint, his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is Mr. Khaliollah Soorani Yancheshmeh, a citizen of Iran, born
on 23 August 1950, whose application for refugee status was rejected in the Netherlands. He
claims that his deportation to Iran would constitute a violation by the Netherlands of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (hereafter, the Convention). He is represented by counsel.
1.2
In accordance with article 22, paragraph 3 of the Convention, the Committee transmitted
the communication to the State party on 16 October 2001. Pursuant to rule 108 of the
Committee’s rules of procedure, the State party was requested not to deport the complainant to
Iran pending the consideration of his case by the Committee.