CAT/C/47/D/327/2007
highest risk of being tortured during the initial days of his detention. This risk proved to be
true, as the complainant arrived in Mexico on 17 August 2007 and stated that he was
subsequently tortured from 17 to 20 August 2007. However, the State party did not take
steps to check on his safety until 22 August 2007. The Committee concludes therefore that
the extradition of the complainant to Mexico in those circumstances constituted a violation
by the State party of article 3 of the Convention.
14.6 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 extradition of the complainant to Mexico by the State party
constituted a violation of articles 3 and 22 of the Convention.
15.
The Committee requests that the State party, in accordance with its obligations under
article 14 of the Convention, provide effective redress, including the following: (a)
compensate the complainant for violation of his rights under article 3; (b) provide as full
rehabilitation as possible by providing, inter alia, medical and psychological care, social
services, and legal assistance, including reimbursement for past expenditures, future
services, and legal expenses; and (c) review its system of diplomatic assurances with a view
to avoiding similar violations in the future.
16.
Pursuant to rule 118 (former 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 Mexico, of his
current whereabouts and state of well-being.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
14