CAT/C/68/D/782/2016

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
26 December 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 782/2016*, **
Communication submitted by:

Hany Khater (represented by Mr. Rachid Mesli,
Alkarama)

Alleged victim:

The complainant

State party:

Morocco

Date of complaint:

14 November 2016 (initial submission)

Document references:

Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 15 November 2016 (not
issued in document form)

Date of adoption of decision:

22 November 2019

Subject matter:

Extradition of the complainant to Egypt

Procedural issues:

Exhaustion of domestic remedies; admissibility –
non-substantiation

Substantive issues:

Risk of torture in the event of extradition on
political grounds (non-refoulement); ill-treatment
in detention

Articles of the Convention:

3 and 16

1.1
The complainant is Hany Khater, a national of Egypt born on 22 March 1974 in
Egypt. Mr. Khater is detained in Salé prison in Morocco 1 pending his extradition to Egypt,
where, he claims, he would be at risk of being subjected to torture. The complainant states
that his extradition would constitute a violation by Morocco of its obligations under article
3 of the Convention.2 He is represented by Fondation Alkarama.3

* Adopted by the Committee at its sixty-eighth session (11 November–6 December 2019).
** The following members of the Committee participated in the examination of the communication:

1
2

3

Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, 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), Essadia Belmir did not participate in the examination of the communication.
The complainant is currently being held in Tiflet 2 prison.
On 19 October 2006 Morocco declared that it recognizes the competence of the Committee against
Torture to receive and consider individual communications under article 22 of the Convention.
The complainant does not have access to a lawyer and a power of attorney cannot be obtained from
his family, which is in Egypt. Counsel submits that the express request made in writing and confirmed

GE.19-22535 (E)

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