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CAT/C/34/D/195/2002
Page 17
result, the Committee also concludes that the complainant has established that his removal was in
breach of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
14.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers that
the deportation of the complainant to Algeria constituted a breach of articles 3 and 22 of the
Convention.
15.
Pursuant to rule 112, paragraph 5, of its rules of procedure, the Committee wishes to be
informed, within 90 days, of the steps the State party has taken in response to the views
expressed above, including measures of compensation for the breach of article 3 of the
Convention and determination, in consultation with the country (also a State party to the
Convention) to which the complainant was returned, of his current whereabouts and state of
well-being.
[Adopted in English, French, Russian and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
Notes
1
The complainant refers to the Chalabi and Hamani cases.
2
U.S. v Finland, Complaint No. 197/2002, Views adopted on 1 May 2003.
3
Ibid.
4
G.K. v Switzerland, Complaint No. 219/2002, Views adopted on 7 May 2003.
5
Núñez Chipana v. Venezuela, Complaint No. 110/1998, Views adopted on 10 November 1998; and T.P.S. v.
Canada, Complaint No. 99/1997, Views adopted on 16 May 2000.
6
Op.cit.