CAT/C/53/D/519/2012
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 third session)
concerning
Communication No. 519/2012
Submitted by:
T.M. (represented by counsel, Jae-Chang Oh)
Alleged victim:
The complainant
State party:
Republic of Korea
Date of complaint:
24 April 2012 (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 21 November 2014,
Having concluded its consideration of complaint No. 519/2012, submitted to the
Committee against Torture on behalf of Mr. T. M., 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,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Mr. T. M., a national of Myanmar, born in 1972. He claims that
his deportation to Myanmar would constitute a violation by the Republic of Korea of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by counsel.
1.2
By note verbale dated 10 September 2012, the Committee informed the complainant
that the Special Rapporteur on new communications and interim measures had decided not
to issue a request for interim measures.
Factual background
2.1
In March 1988, large-scale demonstrations were held in Myanmar against the
authoritarian regime of Ne Win, culminating on 8 August 1988 (an event known as “the
8888 Uprising”). At that time, the complainant was 16 years old and was a middle-school
student. He was photographed while attending the anti-Government demonstrations of the
8888 Uprising. Two days later, soldiers came to the school and arrested him, without
providing any explanations or serving an arrest warrant. The soldiers, who belonged to the
2