CAT/C/40/D/293/2006
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER
ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND
OTHER, CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Fortieth session
concerning
Communication No. 293/2006
Submitted by:
Mr. J.A.M.O., on his own behalf and on behalf of his wife,
Mrs. R.S.N., and his daughter Ms. T.X.M.S. (represented
by counsel)
Alleged victims:
The complainants
State party:
Canada
Date of the complaint:
8 May 2006
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 9 May 2008,
Having concluded its consideration of complaint No. 293/2006, submitted on behalf of
Mr. J.A.M.O., his wife Mrs. R.S.N., and his daughter Ms. T.X.M.S., 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 and the
State party,
Adopts the following:
Decision of the Committee against Torture under
article 22, paragraph 7, of the Convention
1.1 The complainant, Mr. J.A.M.O., a Mexican citizen, resides in Canada and is the subject of
an order for expulsion to his country of origin. He submits his complaint also on behalf of his
wife, Mrs. R.S.N., and his daughter, Ms. T.X.M.S. He claims that his forced return to Mexico
would constitute a violation, by Canada, of article 3 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel.
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 19 May 2006. At the same time,