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Decision on admissibility
1. The author of the communication (submission dated 25 August 1990 and subsequent
correspondence) is W.J., an Austrian citizen currently detained at a correctional facility in Austria. He
claims to be the victim of violations by Austria of articles 12, 13 and 15 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Austria made the
declaration provided for in article 22 of the Convention effective 28 August 1987.
2. Before considering any claims contained in a communication, the Committee against Torture must
decide whether or not it is admissible under article 22 of the Convention.
3. Article 22, paragraph 5(a), of the Convention provides that the Committee shall not consider any
communication from an individual unless it has ascertained that the same matter has not been, and
is not being, examined under another procedure of international investigation or settlement. Having
ascertained that the author has submitted the same matter to the European Commission of Human
Rights, which has registered the case as application No. 16121/90, the Committee is precluded from
examining the communication.
4. The Committee therefore decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the author and, for information, to the State party.