CAT/C/66/D/768/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 12 June 2019 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 768/2016*, ** Communication submitted by: J.M. (represented by counsel, Bart Stapert, Caroline Buisman and Devika Kamp) Alleged victim: The complainant State party: The Netherlands Date of complaint: 11 July 2016 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 26 August 2016 (not issued in document form) Date of adoption of decision: 16 May 2019 Subject matter: Extradition from the Netherlands to Rwanda Procedural issues: Another procedure of international investigation or settlement; exhaustion of domestic remedies; substantiation of the complaint; admissibility ratione materiae Substantive issue: Risk of torture and ill-treatment Article of the Convention: 3 1.1 The complainant is J.M., a national of Rwanda, born on 24 October 1959. At the time of the submission of the communication, he was facing extradition to Rwanda. He claims that his extradition to Rwanda would constitute a violation by the State party of his rights under article 3 of the Convention. The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 20 January 1989. The complainant is represented by counsel. 1.2 On 28 August 2016, the Committee, acting through its Rapporteur on new complaints and interim measures, decided not to issue a request for interim measures under rule 114 of the Committee’s rules of procedure. The complainant was extradited to Rwanda on 12 November 2016. * Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Bakhtiyar Tuzmukhamedov and Honghong Zhang. GE.19-09541(E) 

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