CAT/C/71/D/792/2016
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
31 August 2021
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 792/2016*, **
Communication submitted by:
H.S. (represented by the Danish Refugee
Council)
Alleged victim:
The complainant
State party:
Denmark
Date of complaint:
19 December 2016 (initial submission)
Document references:
Decisions taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 20 December 2016 (not
issued in document form).
Date of adoption of present decision:
19 July 2021
Subject matter:
Deportation to Uganda
Procedural issue:
Admissibility – manifestly ill-founded
Substantive issues:
Non-refoulement; torture
Article of the Convention:
3
1.1
The complainant is H.S., a national of Uganda born in 1977. She claims that the State
party would violate her rights under article 3 of the Convention if it removed her to Uganda.
The State party has made the declaration pursuant to article 22 (1) of the Convention,
effective from 27 May 1987. The complainant is represented by counsel, the Danish Refugee
Council.
1.2
On 19 December 2016, the complainant requested that the Committee grant interim
measures. On 20 December 2016, pursuant to rule 114 of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures,
requested the State party to refrain from returning the complainant to Uganda while her
communication was under consideration by the Committee. On 21 March 2019, the
Committee denied the State party’s request to lift the interim measures.
* Adopted by the Committee at its seventy-first session (12–30 July 2021).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. Pursuant to rule 109, read in conjunction
with rule 15, of the Committee’s rules of procedure, and paragraph 10 of the guidelines on the
independence and impartiality of members of the human rights treaty bodies (the Addis Ababa
guidelines), Peter Vedel Kessing did not participate in the examination of the communication.
GE.21-12067(E)