CAT/C/52/D/372/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-second session)
concerning
Communication No. 372/2009
Submitted by:
On behalf of:
Diory Barry (or Diodory Barry), represented
by Alberto J. Revuelta Lucerga, lawyer
Diory Bary (or Diodory Barry)
State party:
Morocco
Date of complaint:
1 November 2008 (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 19 May 2014,
Having concluded its consideration of complaint No. 372/2009, submitted on behalf
of Diory Barry 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 and Other Cruel, Inhuman or Degrading Treatment or
Punishment
1.
The complainant is Diory Barry, a Senegalese national born on 1 January 1976. He
claims to have been a victim of a violation of article 16 of the Convention during his
expulsion to Mauritania by the Moroccan authorities. The complainant is represented by
counsel, Alberto J. Revuelta Lucerga, lawyer.
The facts as submitted by the complainant
2.1
In early August 2008 the complainant, who had been expelled from Spain to his
country of origin in October 2007 after having entered the country illegally, set off by
pirogue from Nouadhibou, Mauritania, to the Canary Islands, Spain, with a group of
undocumented migrants. The pirogue was adrift for approximately 13 days, during which
time some 30 persons died, their remains being thrown into the sea. The boat was finally
intercepted by the Moroccan authorities, who placed the complainant and the
approximately 40 survivors in a detention camp in Dakhla, Morocco, where they remained
for roughly 10 days.
2
GE.14-07821