CAT/C/20/D/58/1996
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 - TWENTIETH SESSION
concerning
Communication No. 58/1996
Submitted by :
J.M.U.M. (name withheld)
[represented by counsel]
Alleged victim:
The author
State party:
Sweden
Date of communication:
27 June 1996
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 1998,
Adopts the following:
Decision on admissibility
1.
The author of the communication is J.M.U.M., born on 11 June 1956. He
is a national of the Democratic Republic of the Congo (ex-Zaire) and alleges a
violation by Sweden of article 3 of the Convention against Torture. He is
represented by counsel.
The facts
2.1
The author left Zaire in June 1990, after having experienced arrest
and detention because of his political activities for the Mouvement
National Congolaise Lumumba (MNCL). He was given a temporary residence
permit in Congo, but left the country because he felt unsafe. He entered
Sweden on 14 December 1990 and applied for asylum.
2.2
On 20 January 1992, the Immigration Board rejected his request. The
Aliens Appeal Board rejected his appeal on 3 December 1993. New applications
made by the author to the Aliens Appeal Board were likewise rejected. The
expulsion order against the order was not enforced because he went into
hiding.
2.3
On 27 June 1996, the author presented a communication to the Committee
against Torture under article 22 of the Convention. The Committee, through
its Special Rapporteur for New Communications, requested the State party
on 4 December 1996 not to deport the author while his communication was under
consideration.