CAT/C/55/D/571/2013
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-fifth session)
concerning
Communication No. 571/2013*
Submitted by:
M.S. (represented by counsel, Line Bøgsted,
Danish Refugee Council)
Alleged victim:
The complainant
State party:
Denmark
Date of communication:
22 November 2013 (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 10 August 2015,
Having concluded its consideration of communication No. 571/2013, submitted to it
by M.S., under article 22 of the Convention,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22(7) of the Convention
1.1
The complainant is M.S., an Afghan national born in 1981. His request for asylum in
Denmark was rejected and at the time of submission of the complaint, he was in detention
awaiting deportation to Afghanistan. He claims his deportation to Afghanistan would be
contrary to article 3 of the Convention as he would be at risk of being subjected to torture.
No date has been set for his deportation. The complainant is represented by Line Bøgsted of
the Danish Refugee Council.
1.2
On 27 November 2013, acting under rule 114, paragraph 1, of its rules of procedure
(CAT/C/3/Rev.5), the Committee granted the request for provisional interim measures and
requested the State party to refrain from expelling the complainant to Afghanistan while his
communication was under consideration by the Committee. That request may be reviewed
at the request of the State party, in the light of information and observations received from
the State party. The Committee also states that it may decide to lift the interim measures if
the complainant continues to hide after the State party agrees to comply with the request for
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer,
Abdoulaye Gaye, Sapana Pradhan-Malla, George Tugushi, Claudio Grossman and Kening Zhang.
Pursuant to rule 109 of the Committee’s rules of procedure, Jens Modvig did not participate in the
consideration of this communication.
2