United Nations
CAT/C/49/D/412/2010
Distr.: General
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
6 February 2013
Original: English
Committee against Torture
Communication No. 412/2010
Decision adopted by the Committee at its forty-ninth session, 29 October to 23 November 2012
Submitted by:A.A. (represented by counsel)
Alleged vic tim :The complainant
State party:Denmark
Date of complaint:30 September 2009 (initial submission)
Date of decision:13 November 2012
Subject matter:Ill-treatment while in detentionin Denmark; failure to investigate such ill-treatment; deportation of the complainant to
Iraq; risk of torture or ill-treatment following the deportation to Iraq
Substantive issue s :Ill-treatment while in detention;failure to investigate such ill-treatment; risk of torture or ill-treatment following the
deportation to Iraq
Procedural issue s :Substantiation of claims and exhaustion of domestic remedies
Articles of the Convention :2; 3, paragraph 1; 12; and 16, paragraph 1
Annex
Decision of the Committee against Torture under article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (forty-ninth session)
concerning
Communication No. 412/2010
Submitted by:A.A. (represented by counsel)
Alleged victim:The complainant
State party:Denmark
Date of complaint:30 September 2009 (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 13 November 2012,
Having concluded its consideration of complaint No. 412/2010, submitted to the Committee against Torture by A.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, his counsel and the State party,
Adoptsthe following:
Decision under article 22, paragraph 7, of the Convention against Torture
1.1The complainant is A.A., a national of Iraq, born on 27 December 1963, who was deported from Denmark to Iraq on 2
September 2009. The complainant submits that his detention in Denmark as a refused asylum seeker from 18 June 2009 to 2
September 2009, including in solitary confinement, amounted to a violation of articles 16 and 2 of the Convention. He further claims
to be a victim of a violation by the State party of article 12, for failure to carry out a proper investigation into the alleged violations of