Communication No. 26/1995
Submitted by:
X [name deleted]
Alleged victim:
The author
State party concerned:
Canada
Date of communication:
2 April 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 20 November 1995,
Adopts the following:
Decision on admissibility a/
1.
The author of the communication is a Zairian citizen, who arrived from
France at Montreal airport, Canada, on 4 March 1995. An expulsion order was
served on her, and on 27 March she filed a motion for a stay of execution,
which was heard and rejected on 31 March 1995.
She was sent back to
France on
4 April 1995. Ms. X claims to be a victim of a violation of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
2.
Before considering any claims in a communication, the Committee against
Torture must decide whether or not the communication is admissible under
article 22 of the Convention.
3.
Article 22, paragraph 5 (a), precludes the Committee from considering any
communication from an individual unless it has ascertained that the same
matter has not been, and is not being, examined under another procedure of
international investigation or settlement. As Ms. X’s counsel submitted a
motion relating to her expulsion to the Inter-American Commission on Human
Rights on 13 September 1995, the Committee finds that the requirements of
article 22, paragraph 5 (a), of the Convention have not been met.
4.
The Committee therefore decides:
(a)
That the communication is inadmissible;
(b) That this decision shall be communicated to the author and, for
information, to the State party.