CAT/C/48/D/343/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-eighth session)
concerning
Communication No. 343/2008
Submitted by:
Arthur Kasombola Kalonzo
Alleged victim:
The complainant
State party:
Canada
Date of complaint:
4 June 2008 (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 2012,
Having concluded its consideration of communication No. 343/2008, submitted on
behalf of Arthur Kasombola Kalonzo 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 complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The author of the communication is Arthur Kasombola Kalonzo, a Congolese
national, born on 2 December 1976 in the Democratic Republic of the Congo. He is
currently residing in Canada. He claims that his return to the Democratic Republic of the
Congo would constitute a violation by Canada of article 3 of the Convention against
Torture.
1.2
On 6 June 2008, acting under rule 108, paragraph 1, of the Committee’s rules of
procedure, the Rapporteur on new complaints and interim measures requested the State
party to refrain from expelling the complainant to the Democratic Republic of the Congo
while his complaint was being considered. The State party acceded to this request.
The facts as presented by the complainant
2.1
The complainant was 8 years old when his family went to the United States of
America in 1984 in order to escape persecution in the Democratic Republic of the Congo
2
GE.12-43835