CAT/C/37/D/286/2006
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-seventh session
Concerning
Communication No. 286/2006
Submitted by:
M. R. A. (represented by counsel)
Alleged victim:
The complainant
State party:
Sweden
Date of the complaint:
17 January 2006
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 17 November 2006,
Having concluded its consideration of complaint No. 286/2006, submitted to the
Committee against Torture on behalf of M. R. A. 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 against
Torture.
1.1 The complainant is M. R. A., an Iraqi citizen born in 1960, currently awaiting
deportation from Sweden to Iraq. He claims that his deportation to Iraq would constitute a
violation by Sweden of article 3 of the Convention against Torture. He is represented by
counsel.
1.2 By Note Verbale of 17 January 2006, the Committee transmitted the complaint to the
State party, together with a request under rule 108, paragraph 1, of the Committee’s Rules of
Procedure, not to expel the complainant to Iraq pending the Committee’s consideration of his
complaint.
Facts as presented by the complainant
2.1 In 1995, the complainant, who is Shia-Muslim, left Iraq for Lebanon, allegedly because
of problems he had in Iraq in relation to his family members’ political involvement. In
September 1995, he was recognised as a refugee by UNHCR in Lebanon. Due to the difficult
situation for refugees in Lebanon, he left the country by boat in 1997 together with other