CAT/C/56/D/536/2013
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-sixth session)
concerning
Communication No. 536/2013 *
Submitted by:
H.B.A. et al. (represented by counsel,
Katherine Gallagher and Matt Eisenbrant)
Alleged victims:
The complainants
State party:
Canada
Date of complaint:
14 November 2012 (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 2 December 2015,
Having concluded its consideration of communication No. 536/2013, submitted
to it by H.B.A. et al. under article 22 of the Convention,
Having taken into account all information made available to it by the
complainants, their counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention against Torture
1.
The complainants are H.B.A., a national of Yemen born in Saudi Arabia in 1985;
S.H., a citizen of the Sudan born in Khartoum on 15 February 1969; M.K.T., a citizen
of the Syrian Arab Republic born in Aleppo on 7 July 1983; and M.K., a citizen of
Turkey born in Germany on 19 March 1983. They claim that Canada has violated their
rights under articles 5 (2), 6 (1) and 7 (1) of the Convention. They are represented by
counsel.
Facts as presented by the complainants
2.1 H.B.A. was captured in Karachi, Pakistan, in September 2002 at the age of 16.
After being beaten and interrogated in Pakistan, he was transferred to the “dark
prison” facility operated by the United States Central Intelligence Agency (CIA) in
Afghanistan, where he was tortured for several days. He was subsequently transferred
to Jordan, where the Jordanian intelligence service, in the presence of United States
officials, tortured him. After 16 months, he was returned to the “dark prison” where he
was tortured again, including by being subjected to sensory overload and deprivation.
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Abdoulaye Gaye,
Claudio Grossman, Sapana Pradhan-Malla, Jens Modvig, George Tugushi and Kening Zhang.
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