CAT/C/37/D/282/2005**
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
Thirty-seventh session
Concerning
Communication No. 282/2005
Submitted by:
S. P. A. (represented by counsel)
Alleged victim:
The complainant
State party:
Canada
Date of the complaint:
26 September 2005 (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 7 November 2006,
Having concluded its consideration of complaint No. 282/2005, submitted to the
Committee against Torture on behalf of S. P. A. 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 complainant, her
counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture.
1.1 The complainant is S. P. A., an Iranian national born in 1954 in Tonkabon, Iran,
currently residing in Canada, from where she faces deportation. She claims that her return to
Iran would constitute a violation by Canada of articles 3 and 16 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment. She 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 27 September 2005, and requested it,
under rule 108, paragraph 1 of the Committee’s rules of procedure, not to expel the
complainant to Iran while her complaint is under consideration by the Committee. The State
party subsequently informed the Committee that the complainant had not been deported.
The facts as presented by the complainant
2.1 The complainant obtained a nursing degree in 1986 in Iran, and became a supervisory
nurse at the Rejai Hospital and a lecturer at the Islamic Azad University of Mahal Salas