CAT/C/49/D/435/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-ninth session)
concerning
Communication No. 435/2010
Submitted by:
G.B.M. (not represented by counsel)
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
5 October 2010 (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 14 November 2012,
Having concluded its consideration of complaint No. 435/2010, submitted to the
Committee against Torture by G.B.M. 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is G.B.M., a national of the United Republic of Tanzania born in
1968, who at the time of the initial submission of the communication was in Sweden. He
claimed that his forcible return to Tanzania would constitute a violation by Sweden of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is not represented by counsel.
1.2
On 4 November 2010, the Committee, acting through its Rapporteur on new
complaints and interim measures, rejected the complainant’s request for interim measures
of protection under article 108, paragraph 1, of the Committee’s rules of procedure
(CAT/C/3/Rev.4).
1.3
Subsequently, in May 2012, the complainant informed the Committee that he had
been forcibly removed from Sweden, but that he escaped during a stopover on his way to
the United Republic of Tanzania, and he currently resides in a third country.1
1
2
In this connection, see also paras. 4.17 and 5.1 below.