CAT/C/21/D/67/1997 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 - TWENTY-FIRST SESSION concerning Communication No. 67/1997 Submitted by: E.O. Akhidenor, E. Ainabe, R. Akhidenor, J. Akhidenor, K. Akhidenor and W. Akhidenor [represented by counsel] Alleged victim: Michael Osaretin Akhimien State party: Canada Date of communication: 5 December 1996 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 17 November 1998, Adopts the following: Decision on admissibility 1. The authors of the communication are Ms. Elizabeth Omoaluse Akhidenor, Mr. Ezekiel Ainabe, Mr. Richard Akhidenor, Ms. Jenniffer Akhidenor, Ms. Kingsley Akhidenor and Mr. William Akhidenor, citizens of Nigeria and surviving relatives and dependants of Mr. Michael Osaretin Akhimien. The authors claim that in connection with the death in detention of Mr. Akhimien and the subsequent investigation into the causes of his death, Canada has acted in violation of articles 2, 10, 11, 12, 13, 14 and 16 of the Convention. The authors are represented by counsel. Facts as submitted by the authors 2.1 Mr. Akhimien was arrested on 28 October 1995, after having filed an application for asylum in Canada. He was held at the Canadian Immigration Detention Centre of Niagara Falls until 30 October 1995 when he was transferred to the Canadian Immigration Holding Centre Celebrity Inn in Mississauga, Ontario. Mr. Akhimien remained at the Celebrity Inn until his death, caused by pneumonia and/or untreated diabetes, on 17 December 1995. 2.2 According to counsel, on 6 December 1995, Mr. Akhimien had complained to other detainees at the Celebrity Inn that he was experiencing health problems, including blurred vision. On the same date, Mr. Akhimien made a written request to see the Celebrity Inn's medical doctor, listing his symptoms as

Select target paragraph3