CAT/C/56/D/594/2014
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. 594/2014*
Submitted by:
B.M.S. (not represented by counsel)
Alleged victim:
The complainant
State party:
Sweden
Date of communication:
9 February 2014 (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 25 November 2015,
Having concluded its consideration of communication No. 594/2014, submitted to
the Committee against Torture by Mr. B.M.S on his own behalf 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
and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention
1.1
The complainant is Mr. B.M.S, an Algerian national born in 1978. He sought asylum
in Sweden, his application was rejected and he is awaiting forced removal to Algeria. In a
complaint dated 9 February 2014, he claims that if removed to Algeria, he would be at risk
of being subjected to torture and killed, either by the Algerian authorities or terrorists, in
violation of article 3 of the Convention. The complainant requested the granting of interim
measures to halt his deportation to Algeria while his complaint is under consideration by
the Committee. At the time of submission, the complainant was in detention awaiting
deportation, for which no date had been set.1 Sweden recognized the competence of the
Committee, pursuant to article 22 of the Convention, on 8 January 1986. The complainant
is not represented by counsel.
1.2
On 3 April 2014, pursuant to rule 114, paragraph 1, of its rules of procedure, the
Committee granted provisional interim measures and requested the State party to refrain
from expelling the complainant to Algeria, while his complaint was under consideration by
* The following members of the Committee participated in the consideration of the present
1
2
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Abdoulaye Gaye,
Sapana Pradhan-Malla, Jens Modvig, George Tugushi and Kening Zhang.
From the information available, it is not clear whether the complainant is currently in detention.