CAT/C/46/D/379/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 379/2009
Submitted by:
Sylvie Bakatu-Bia (represented by counsel,
Emma Persson)
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
26 March 2009 (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 3 June 2011,
Having concluded its consideration of complaint No. 379/2009, submitted to the
Committee against Torture by Sylvie Bakatu-Bia 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 Ms. Sylvie Bakatu-Bia, born on 22 May 1984 in the Democratic
Republic of the Congo (hereinafter DRC). She is currently in Sweden, awaiting deportation
to DRC. She claims that her return to DRC would constitute a violation by Sweden 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
In accordance with article 22, paragraph 3, of the Convention, the Committee
requested the State party under the rule 114 (former rule 108), paragraph 1, of the
Committee’s rules of procedure, not to expel the complainant to DRC while her complaint
was under consideration by the Committee. The State party acceded to this request, and on
27 March 2009 decided to stay the enforcement of the expulsion order.
The facts as presented by the complainant
2.1
The complainant was born and raised in the village of Tshilenge in Mbuji-Mayi in
DRC. She has two daughters. The last years before she left DRC and fled to Sweden, she
had lived and worked in Lubumbashi in the southern part of the DRC. She has worked as a
2