CAT/C/64/D/730/2016
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
12 September 2018
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 730/2016*, **
Submitted by:
J.O. (not represented by counsel)
Alleged victim:
The complainant
State party:
Georgia
Date of complaint:
11 January 2016 (initial submission)
Date of present decision:
9 August 2018
Subject matter:
Deportation to Nigeria
Substantive issue:
Non-refoulement
Procedural issue:
Level of substantiation of claims
Articles of the Convention:
1, 2 (1), 3, 12, 13, 14 and 16
1.1
The complainant is J.O., a national of Nigeria born on 7 January 1973, resident in
Georgia. Her asylum request in Georgia was rejected and she claims that her deportation to
Nigeria would constitute a violation by Georgia of article 3 of the Convention. She alleges
a violation of her rights under articles 1, 2 (1), 12, 13, 14 and 16 of the Convention. She is
not represented by counsel. Georgia made the declaration under article 22 of the
Convention on 30 June 2005.
1.2
On 4 March 2016, pursuant to rule 114 of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, asked the State
party not to expel the author while the complaint was being considered. However, on 10
October 2017, the Committee decided to accept the State party’s request of 26 September
2017 to lift the interim measures.
The facts as presented by the complainant
2.1
In January 2006, the complainant travelled to Mali to visit some friends, but later
decided to live there. Seeing the situation of children on the streets, in 2008 she founded
Gentillesse Internationale, a non-profit organization, to support and protect victims of
human trafficking in Mali.
2.2
In October 2011, the Nigerian Ambassador to Mali asked for the cooperation of the
complainant’s organization on the issue of trafficking of Nigerian girls in Mali. In
November 2011, representatives from the Nigerian Embassy in Mali, Interpol, the Nigerian
* Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
GE.18-15136(E)