CAT/C/50/D/392/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fiftieth session)
concerning
Communication No. 392/2009
Submitted by:
R.S.M. (represented by Carlos Hoyos-Tello)
Alleged victim:
R.S.M.
State party:
Canada
Date of complaint:
9 July 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 24 May 2013,
Having concluded its consideration of communication No. 392/2009, submitted to
the Committee against Torture by R.S.M. 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,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is R.S.M., a citizen of Togo born on 7 February 1965. He contends
that his extradition to Togo would constitute a violation of article 3 of the Convention
against Torture. The complainant is represented by counsel.
1.2
On 13 July 2009, the Rapporteur on new complaints and interim measures decided
not to request interim measures from the State party to suspend the complainant’s
extradition to Togo.
The facts as submitted by the complainant
2.1
Since 1993, the complainant has been a member of the Union des Forces de
Changement (Union of Forces for Change) (UFC), an opposition party in Togo. He was
first an ordinary member and was then elected in 2002 to be the leader of the Bé Pa de
Souza subsection of the Jeunesse des Forces de Changement (Forces for Change Youth
Movement) (JFC). One of his duties was to organize conferences, sporting events and
meetings for local youth as a means of boosting recruitment. Many of these young people
were arrested while distributing leaflets at his request. Whenever there were arrests, he was
sought by the authorities and had to hide out.
2
GE.13-45411