Communication No. 26/1995
Submitted
by: X [name deleted]
Alleged
victim: The author
State party
concerned: Canada
Date of
communication: 2 April 1995
The Committee
against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting
on 20 November 1995,
Adopts
the following:
Decision on admissibility a/
1. The author
of the communication is a Zairian citizen, who arrived from France at
Montreal airport, Canada, on 4 March 1995. An expulsion order was served
on her, and on 27 March she filed a motion for a stay of execution,
which was heard and rejected on 31 March 1995. She was sent back to
France on 4 April 1995. Ms. X claims to be a victim of a violation of
article 3 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.
2. Before considering
any claims in a communication, the Committee against Torture must decide
whether or not the communication is admissible under article 22 of the
Convention.
3. Article
22, paragraph 5 (a), precludes the Committee from considering any communication
from an individual unless it has ascertained that the same matter has
not been, and is not being, examined under another procedure of international
investigation or settlement. As Ms. X's counsel submitted a motion relating
to her expulsion to the Inter-American Commission on Human Rights on
13 September 1995, the Committee finds that the requirements of article
22, paragraph 5 (a), of the Convention have not been met.
4. The Committee
therefore decides:
(a) That the
communication is inadmissible;
(b) That this
decision shall be communicated to the author and, for information, to
the State party.
[Done in English,
French, Russian and Spanish, the French text being the original version.]
Notes
a/
In accordance with rule 104 of the Committee's rules of procedure, Mr.
Peter Burns did not take part in the consideration of this communication.
