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

Select target paragraph3