CAT/C/29/D/119/1998
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Twenty-ninth session
concerning
Complaint No. 119/1998
Submitted by:
Mr. V. N. I. M.
(represented by counsel)
Alleged victim:
Mr. V. N. I. M.
State party:
Canada
Date of complaint:
3 November 1998
Date of adoption of the decision:
12 November 2002
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 12 November 2002,
Having considered complaint No. 119/1998, submitted to the Committee against Torture
under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Having taken into account the information made available to it by the author of the
complaint and the State party,
Adopts the following decision:
1.1
The complainant is Mr. V. N. I. M., a national of Honduras born in 1966. He is currently
living in Canada, where he requested asylum on 27 January 1997. This request was rejected and
he claims that his enforced repatriation to Honduras would be a violation by Canada of article 3
of the Convention against Torture. 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 November 1998. At the same time, acting
under rule 108 of its rule of procedure, the Committee requested the State party not to expel the
complainant to Honduras while his complaint was being considered.