CAT/C/71/D/759/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 21 September 2021 English Original: Spanish Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 759/2016*, ** Communication submitted by: Ronald James Wooden (represented by the organization Idheas, Litigio Estratégico en Derechos Humanos A.C.) Alleged victim: The complainant State party: Mexico Date of complaint: 7 July 2016 (initial submission) Date of decision: 23 July 2021 Subject matter: Arbitrary detention and torture Procedural issue: Non-exhaustion of domestic remedies Substantive issues: Torture and cruel, inhuman or degrading treatment or punishment; State party’s obligation to ensure that the competent authorities proceed to a prompt and impartial investigation; right to fair and adequate compensation. Articles of the Convention: 1: 2 (1); 11: 12: 13: 14: and 16 1. The complainant is Mr. Ronald James Wooden, a national of the United States of America, born in 1969. He claims that the State party has violated his rights under article 2 (1), read in conjunction with articles 1, 11 to 14 and 16 of the Convention. The complainant is represented by the non-governmental organization Idheas, Litigio Estratégico en Derechos Humanos. The facts as submitted by the complainant 2.1 The complainant and his wife moved to Taxco de Alarcón (Mexico) in 2008 where they intended to exercise their artistic skills and work with precious metals. In 2012, the couple rented a property in the Arroyo neighbourhood, which they converted into a handicrafts workshop. In the house next door lived M.P.H. and her son-in-law R.F.A. 2.2 On 28 April 2013, at 17.30 hours, the complainant and his wife parked their truck, which was loaded with equipment for their workshop, next to M.P.H.’s house. Once they * Adopted by the Committee at its seventy-first session (12 to 30 July 2021). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Erdoğan İşcan, Liu Huawen, Peter Vedel Kessing, Ilvija Pūce, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. Pursuant to rule 109, read in conjunction with rule 15, of the Committee’s rules of procedure, and paragraph 10 of the guidelines on the independence and impartiality of members of the human rights treaty bodies (the Addis Ababa guidelines), Claude Heller and Diego Rodríguez did not participate in the examination of the communication. GE.21-13347 (E) 211221 221221

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