United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - that State. The nature of the activities in which the person concerned engaged cannot be a material consideration when making a determination under article 3 of the Convention. 14.6 In the circumstances of the instant case, as set out in paragraph 14.3 above, the Committee considers that the grounds invoked by the State party to justify its decision to return the author to Peru do not meet the requirements of article 3 of the Convention. 15. In the light of the above, the Committee is of the view that, in the prevailing circumstances, the State party has an obligation to refrain from forcibly returning Mr. Gorki Ernesto Tapia Paez to Peru. [Done in English, French, Russian and Spanish, the English text being the original version.] 5. Communication No. 40/1996 Submitted by: Jamal Omer Mohamed Alleged victim: The author State party: Greece Date of communication: 8 February 1996 (initial submission) Date of decision of admissibility: 14 November 1996 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 28 April 1997, Having concluded its consideration of communication No. 40/1996, submitted to the Committee against Torture by Mr. Jamal Omer Mohamed 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 author of the communication, his representative and the State party, Adopts its Views under article 22, paragraph 7, of the Convention. 1. The author of the communication is Mr. Mohamed Jamal Omer, an Ethiopian citizen from Dire Dawa, born in 1970, currently residing in Greece. He claims to be a victim of a violation by Greece of article 3 of the Convention against Torture. The facts as submitted by the author 2.1 The author states that he was arrested by "kebele" (local administrative) Regular reference is made to http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (97 of 109)16/10/2006 9:54:12 AM