CAT/C/67/D/813/2017 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 31 October 2019 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 813/2017*, **, *** Communication submitted by: M.Z. (represented by counsel, Wolfgang Kaleck, European Centre for Constitutional and Human Rights) Alleged victim: The complainant State party: Belgium Date of complaint: 11 January 2017 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 17 March 2017 (not issued in document form) Date of adoption of decision: 2 August 2019 Subject matter: Complicity in acts of torture while the complainant was in detention at Guantanamo Bay; lack of investigation Procedural issues: Admissibility – the same matter; admissibility – exhaustion of available domestic remedies; admissibility – manifestly ill-founded Substantive issues: Torture and cruel, inhuman or degrading treatment or punishment during detention; lack of prevention; lack of adequate investigation Articles of the Convention: 2, 6 (1) and (2), 7 (1), 10, 12, 13 and 14 1.1 The complainant is M.Z., a national of Belgium and of Morocco, born on 3 August 1978. He claims a violation of his rights under articles 2, 6 (1) and (2), 7 (1), 10, 12, 13 and 14 of the Convention in relation to his detention at Guantanamo Bay. The State party (Belgium) recognized the competence of the Committee against Torture to receive and consider communications from individuals pursuant to article 22 of the Convention on * Adopted by the Committee at its sixty-seventh session (22 July–9 August 2019). ** The following members of the Committee participated in the examination of the communication: Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. Pursuant to rule 109, read in conjunction with rule 15, of the Committee’s rules of procedure, Essadia Belmir, Felice Gaer and Diego Rodríguez-Pinzón recused themselves. *** Pursuant to rule 119 of the Committee’s rules of procedure, an individual opinion (dissenting) by Committee member Abdelwahab Hani is annexed to the present decision. GE.19-18697(E) 

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