United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
tortured and did not belong to a political, professional or social group targeted by the Sudanese
authorities for repression or torture.
281. With respect to communication No. 39/1996 (Tapia Paez v. Sweden), the Committee was of the
view that Mr. Tapia Paez' return to Peru would constitute a violation of article 3 of the Convention. Mr.
Tapia Paez came from a politically active family and his mother and sisters had been allowed to stay in
Sweden. However, since he had been active for Sendero Luminoso, the State party invoked article 2 F of
the 1951 Convention relating to the Status of Refugees4 in refusing him asylum. The Committee
considered that the test of article 3 of the Convention was absolute and that the nature of the activities in
which the person concerned engaged could not be a material consideration when making a decision
under article 3.
282. With respect to communication No. 40/1996 (Mohamed v. Greece), the Committee stressed that it
could not determine whether or not the claimant was entitled to asylum under the national laws of a
country, or whether he was entitled to the protection of the 1951 Refugee Convention. Since Mr.
Mohamed was not in danger of being returned to Ethiopia, the Committee found that there was no
violation of article 3 of the Convention.
283. At its eighteenth session, the Committee also decided that communication No. 46/1996 (Le Gayic
v. France) was inadmissible because domestic remedies had not been exhausted, pursuant to article 22,
paragraph 5 (b), of the Convention. The text of the decision is reproduced in annex V.
VII. FUTURE MEETINGS OF THE COMMITTEE
284. In accordance with rule 2 of its rules of procedure, the Committee shall normally hold two regular
sessions each year. Regular sessions of the Committee shall be convened at dates decided by the
Committee in consultation with the Secretary-General, taking into account the calendar of conferences
as approved by the General Assembly.
285. As the calendar of meetings held within the framework of the United Nations is submitted by the
Secretary-General on a biennial basis for the approval of the Committee on Conferences and the General
Assembly, the Committee took decisions on the schedule of its meetings to be held in 1998 and 1999.
286. At its 289th meetings on 2 May 1997, the Committee decided to hold its regular sessions for the
next biennium at the United Nations Office at Geneva on the following dates:
Twentieth session 4-15 May 1998
Twenty-first session 9-20 November 1998
Twenty-second session 26 April-7 May 1999
Twenty-third session 8-19 November 1999
287. In addition, the Committee recalled that in May 1995, it had addressed a request for an additional
session to the General Assembly5 and regretted that its request had been ignored.
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