CAT/C/51/D/434/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-first session)
concerning
Communication No. 434/2010
Submitted by:
Y.G.H. et al (represented by Janet Castle)
Alleged victim:
The complainants
State party:
Australia
Date of complaint:
24 October 2010 (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 14 November 2013,
Having concluded its consideration of complaint No. 434/2010, submitted to the
Committee against Torture by Y.G.H. and wife X.L.Z. and their son D.H., 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 complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
against Torture
1.1
The main complainant is Y.G.H. (the complainant), the other complainants are his
wife X.L.Z. and their son D.H. (the complainants), nationals of China, born on 27
September 1955, 22 April 1957 and 7 March 1987, respectively. They currently reside in
Australia. They claim that their return to China by Australia would violate articles 3 and 16
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. They are represented by Janet Castle.
1.2
Under former rule 108, paragraph 1, of its rules of procedure (now rule 114)1, the
Committee requested the State party, on 3 November 2010, to refrain from expelling the
complainants to China while their complaint is under consideration by the Committee. The
State party agreed to refrain temporarily from deporting the complainants.
1
2
Rules of procedure CAT/C/3/Rev. 5, dated 21 February 2011.