CAT/C/38/D/298/2006
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER
ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND
OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR
PUNISHMENT
Thirty-eighth session
concerning
Communication No. 298/2006
Submitted by:

C.A.R.M. et al.

Alleged victims:

The complainants

State party:

Canada

Date of the complaint:

26 June 2006 (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 18 May 2007,
Having concluded its consideration of complaint No. 298/2006, submitted by
C.A.R.M. et al. 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 complainants and
the State party,
Adopts the following:
Decision of the Committee against Torture under article 22, paragraph 7,
of the Convention against Torture
1.1 The complainants, C.A.R.M. et al., Mexican nationals, are currently located in Canada,
where they applied for asylum on 12 November 2002. Their application was rejected on
11 March 2004. The complainants claim that their return to Mexico would constitute a violation
by Canada of article 3 of the Convention against Torture. They are represented by counsel.
1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee brought
the complaint to the State party’s attention on 28 June 2006, requesting the Government to
provide information and observations on the admissibility and substance of the allegations. At
the same time, the Committee, pursuant to rule 108, paragraph 1, of its rules of procedure,

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