CAT/C/33/D/133/1999
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
Thirty-third session
concerning
Communication No. 133/1999
Submitted by:
Mr. Enrique Falcon Ríos (represented by counsel,
Mr. Istvanffy Stewart)
Alleged victim:
Complainant
State party:
Canada
Date of complaint:
6 May 1999
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 November 2004,
Having concluded its consideration of complaint No. 133/1999, submitted to the
Committee against Torture by Mr. Enrique Falcon Ríos 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, his
counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is Enrique Falcon Ríos, a Mexican citizen, born in 1978. On arrival in
Canada on 2 April 1997 he applied for refugee status. His application was rejected. He claims
that his forced return to Mexico would constitute a violation by Canada of article 3 of the
Convention, and that the hearing on his claim for refugee status violated article 16 of the
Convention. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
complaint to the attention of the State party on 18 May 1999. At the same time, acting under
rule 108 of its rules of procedure, it requested the State party not to expel the complainant to
Mexico while his complaint was being considered.