CAT/C/43/D/331/2007
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-third session)
concerning
Communication No. 331/2007
Submitted by:
Mr. Michel Minani (represented by Mr.
Carlos Hoyos-Tello LL.M.)
Alleged victim:
The complainant
State party:
Canada
Date of the complaint:
16 September 2007
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 5 November 2009,
Having concluded its consideration of communication No. 331/2007, submitted on
behalf of Mr. Michel Minani 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, Mr. Michel Minani, submitted his complaint to the Committee on
16 September 2007. He is a Burundian national residing in Canada and is the subject of an
order for deportation to his country of origin. He is married to Eliane Ndimurkundo, a
Canadian citizen; the couple have a 2-year-old son, Yann, who has Canadian nationality.
He claims that his forcible return to Burundi would constitute a violation by Canada of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment. He is represented by Mr. Carlos Hoyos-Tello.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention in a note verbale dated 18 October
2007, but did not include a request for interim measures.
The facts as presented by the complainant
2.1
The complainant is a member of the Burundian organization Puissance Autodéfense
(Self-Defence Force) (PA)-Amasekanya, which has since 1994 denounced the impunity
enjoyed by those responsible for the Tutsi genocide. According to the author, the members
of PA-Amasekanya, an organization involved in efforts to prevent genocide and protect
2
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