P. M. P. K. (name deleted) v. Sweden, Communication No. 30/1995,
U.N. Doc. CAT/C/15/D/30/1995 (1995).
Communication No. 30/1995
Submitted by: P. M. P. K. (name deleted) [represented by counsel]
Alleged victim: The author
State party: Sweden
Date of communication: 14 July 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 20 November 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is a Zairian citizen who entered Sweden
in November 1991 to request asylum. She claims that her return to Zaire
following the dismissal of her application for refugee status would violate
article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. She is represented by counsel.
2. On 31 January 1994, the Swedish Board of Immigration refused the
author's application for asylum, noting that the political situation in Zaire
had improved and considering that it was not likely that the author would be
subjected to persecution or severe harassment. On 13 February 1995, the
Aliens Appeal Board confirmed the decision of the Swedish Board of
Immigration. The author then submitted a "new application" to the Appeal
Board, arguing that the situation in Zaire had not improved, but on 16 March
1995 the Board rejected her application, considering that the circumstances
invoked by the author could not be seen as new evidence.
3. On 22 August 1995, the Committee, through its Special Rapporteur,
transmitted the communication to the State party for comments and
requested the State party not to expel the author while her communication
was under consideration by the Committee.