CAT/C/49/D/385/2009
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-ninth session)
concerning
Communication No. 385/2009
Submitted by:
M.A.F. et al. (not represented by counsel)
Alleged victims:
The complainants
State party:
Sweden
Date of complaint:
13 May 2009 (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 23 November 2012,
Having concluded its consideration of complaint No. 385/2009, submitted to the
Committee against Torture by M.A.F. 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 main complainant, M.A.F., was born in 1971 and is a Libyan national. The
other complainants are his wife, Z.A., a Libyan national born in 1970, and their five
children. The complainants claim that their deportation to Libya would constitute a
violation by the State party of article 3 of the Convention. The complainants are not
represented by counsel.
1.2
On 26 June 2009, in application of rule 108, paragraph 1, of its rules of procedure,1
the Committee asked the State party not to expel the complainants to Libya2 while their
complaint was being considered.
1
2
2
This rule now appears as rule 114, paragraph 1, of the Committee’s revised rules of procedure
(CAT/C/3/Rev.5).
Pursuant to a request of 16 September 2011 by the National Transitional Council, the official name
was changed from Libyan Arab Jamahiriya to Libya. References to Libya in the current document
should be read accordingly.