CAT/C/49/D/417/2010
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. 417/2010
Submitted by:
Y.Z.S. (represented by counsel)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
30 March 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 23 November 2012,
Having concluded its consideration of complaint No. 417/2010, submitted to the
Committee against Torture on behalf of Y.Z.S. 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 Y.Z.S., a national of China. He requested and was denied a
Protection Visa under the Australian Migration Act 1958. At the time of the submission of
the complaint he was detained in the Villawood Immigration Detention Centre in Sydney
and was notified that he would be removed back to China on 1 April 2010. He claimed that
his forced return to China would constitute a violation by Australia of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainant is represented by counsel.
1.2
The complainant’s request for interim measures under rule 114 (former rule 108) of
the Committee’s rules of procedure (CAT/C/3/Rev.5) was denied by the Rapporteur on new
complaints and interim measures on 31 March 2010.
Factual background
2.1
The complainant is a 54-year-old Chinese citizen who claims to be a Falun Gong
practitioner, a movement which he joined in 1996. He was working in a factory in China.
He claims that he also invited others to join in Falun Gong practice in his factory in
Shenyang. According to the complainant, he was arrested on 20 August 1999 and detained
in Zhangshi Labour Camp until 19 August 2000 for practising Falun Gong. He contends
2