ANNEX DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT TWENTY-EIGHTH SESSION concerning Complaint No. 177/2001 Submitted by : H. M. H. I. (name withheld by decision of the Committee) Represented by: Mr. Simon Jeans State party: Australia Date of complaint: 12 December 2000 Date of present decision: 1 May 2002 The Committee against Torture, established under Article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 1 May 2002, Having concluded its consideration of complaint No. 177/2001, submitted to the Committee against Torture 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 its Decision under article 22, paragraph 7, of the Convention. 1.1 The complainant is Mr. H. M. H. I. (name withheld by decision of the Committee), a Somali national born in Somalia on 1 July 1960. The complainant alleges that his proposed expulsion to Somalia would violate article 3 of the Convention. The complainant is represented by counsel. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the complaint to the State party on 25 January 2001. At the same time, the State party was requested, pursuant to rule 108 of the Committee’s rules of procedure, not to expel the complainant to Somalia while his complaint was under consideration by the Committee. On 20 September 2001, the State party informed the Committee that the complainant would not be removed until the Committee had considered the complaint. 2

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