CAT/C/60/D/681/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
30 June 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 681/2015*, **
Communication submitted by:
M.K.M. (represented by counsel, Michaela Byers)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
18 May 2015 (initial submission)
Date of present decision:
10 May 2017
Subject matter:
Risk of deportation of complainant to
Afghanistan
Procedural issues:
Admissibility — manifestly ill-founded
Substantive issues:
Risk of torture in the event of deportation to
country of origin (non-refoulement)
Articles of the Convention:
3
1.1
The complainant is M.K.M., an Afghan national born on 18 June 1985. He sought
asylum in Australia, his application was rejected and he risks forcible removal to
Afghanistan.1 He claims that his deportation from Australia to Afghanistan would constitute
a violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. Australia made the declaration under article 22 of the
Convention on 28 January 1993. The complainant is represented by counsel, Michaela
Byers.
1.2
On 22 May 2015, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party to refrain from returning the complainant to
Afghanistan while his complaint was being considered by the Committee. On 31 March
2016, the State party requested that the Committee lift its request for interim measures. On
12 May 2016, the Committee, acting through its Rapporteur on new complaints and interim
measures, decided not to accede to the State party’s request for lifting interim measures.
The facts as submitted by the complainant
2.1
The complainant is Tajik by ethnicity and Sunni Muslim by religion. He arrived in
Australia by boat on 13 March 2010 without a valid visa and was placed in immigration
* Adopted by the Committee at its sixtieth session (18 April-12 May 2017).
** The following members of the Committee took part in the consideration of the communication:
1
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
No date of deportation has been indicated. The complainant has been in Australia since his arrival.
GE.17-10835(E)