CAT/C/38/D/249/2004
Page 16
16.4 However, in the present case, the Committee observes that the State party facilitated the
safe return of the complainant to Norway on 31 March 2006, and that the State party
informed the Committee shortly thereafter, on 5 April. In addition, the Committee notes that
the State party has granted the complainant a residence permit for 3 years. By doing so, it has
remedied the breach of its obligations under article 22 of the Convention.
16.5 In view of the fact that the complainant, who was not tortured during his stay in
Pakistan, has returned to the State party, where he has received a residence permit for three
years, the Committee considers that the issue whether his deportation to Pakistan constituted
a violation of article 3 is moot.
17. 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 Pakistan despite standing interim measures,
constituted a breach of article 22 of the Convention, as long as the complainant was under the
jurisdiction of Pakistan from 22 September 2005 to 31 March 2006.
18.
In the light of the above, the State party has already remedied this breach.
[Adopted in English, French, Russian and Spanish, the English 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.]
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