CAT/C/30/D/201/2002
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
Thirtieth session
concerning
Complaint No. 201/2002
Submitted by:
M. V. (represented by counsel)
Alleged victim:
M. V.
State party:
Netherlands
Date of complaint:
31 January 2002
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 May 2003,
Having concluded its consideration of complaint No. 201/2002, submitted to the
Committee against Torture by Mr. M. V. 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 author of the
complaint, his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is Mr. M. V., a Turkish national of Kurdish ethnic origin, born
on 1 January 1963, currently present in the Netherlands and awaiting deportation to Turkey. He
claims that his forcible return to Turkey would constitute a violation by the Netherlands of
article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
1.2
On 31 January 2002, the Committee forwarded the complaint to the State party for
comments and requested, under Rule 108 of the Committee’s rules of procedure, not to expel the
complainant to Turkey while his complaint was under consideration by the Committee. The
State party acceded to this request.