CAT/C/48/D/413/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-eighth session)
concerning
Communication No. 413/2010
Submitted by:
A.A.M. (represented by counsel, E.P.)
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
19 February 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 23 May 2012,
Having concluded its consideration of complaint No. 413/2010, submitted to the
Committee against Torture by E.P. on behalf of A.A.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,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is A.A.M., a national of Burundi born on 3 December 1982 in the
village of Mbuye in Muramvya province, Burundi; she currently resides in Sweden. She
claims that an enforcement of her expulsion order to Burundi1 would violate article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Convention). The complainant is represented by counsel, E.P.
1.2
Under rule 114 (former rule 108), of its rules of procedure (CAT/C/3/Rev.5), the
Committee requested the State party, on 2 March 2010, to refrain from expelling the
complainant to Burundi while her communication is under consideration by the Committee.
Factual background
2.1
The complainant comes from a family belonging to the Tutsi ethnicity. Her parents,
E.N. and C.B., were killed in 1993 by Hutu militia in the village of Mbuye. Thereafter, her
1
2
Burundi acceded to the Convention on 18 February 1993 and accepted the Committee’s competence
to receive and consider individual communications in accordance with article 22 of the Convention on
10 June 2003.