CAT/C/53/D/520/2012
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. 520/2012
Submitted by:
W. G. D. (not represented by counsel)
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
17 August 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 26 November 2014,
Having concluded its consideration of complaint No. 520/2012, submitted to the
Committee against Torture by W. G. D., 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 Ms. W. G. D., an Ethiopian national born on 5 September 1955.
She claims that her deportation to Ethiopia would constitute a violation by Canada of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. She is not represented by counsel.
1.2
Under rule 114, paragraph 1, of its rules of procedure, the Committee requested the
State party, on 14 September 2012, to refrain from expelling the complainant to Ethiopia
while her complaint is under consideration by the Committee. The State party agreed to
temporarily refrain from deporting the complainant. On 30 May 2013, the Committee
rejected the State party’s request to lift the request for interim measures of protection.
Factual background
2.1
The complainant went to Canada on 16 March 2008 and on 2 June 2009 applied for
refugee status. Her refugee claim was rejected on 25 January 2011 and her subsequent
appeal to the Federal Court was also dismissed on 1 June 2011. She filed an application for
a pre-removal risk assessment (PRRA) on 30 September 2011, but her PRRA application
was dismissed on 1 June 2012. The complainant could not afford to file an application for
2