CAT/C/36/D/273/2005
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-sixth session
Concerning
Communication No. 273/2005
Submitted by:
Mr. Thu AUNG (represented by counsel)
Alleged victim:
The complainant
State party:
Canada
Date of the complaint:
13 July 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 15 May 2006,
Having concluded its consideration of complaint No. 273/2005, submitted to the
Committee against Torture on behalf of Thu AUNG 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,
Adopts the following :
Decision of the Committee against Torture under article 22 of the Convention
1.1 The complainant is Mr. Thu AUNG, a Burmese national born on 8 January 1978 in
Yangon, Myanmar, and currently residing in Canada, from where he faces deportation. He
claims that his forcible return to Myanmar would constitute a violation by Canada of articles
3 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment. He is represented by counsel.
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the communication to the State party on 15 July 2005, and requested it, under
Rule 108, paragraph 1 of the Committee’s rules of procedure, not to expel the complainant to
Myanmar while his complaint is under consideration by the Committee. The request was
made on the basis of the information contained in the complainant’s submission and could be
1.2