Interim measures granted and State party
response
Requested but not acceded to by the State party11
Remedy recommended
None - State party has already remedied the
breach.
Due date for State party response
Not yet due (not yet implemented)
State party
SENEGAL
Case
Suleymane Guengueng and others, 181/2001
Nationality and country of removal if
applicable
N/A
Views adopted on
17 May 2006
Issues and violations found
Failure to prosecute - articles 5, paragraph 2,
and 7.
Interim measures granted and State party
response
N/A
Remedy recommended
In pursuance of rule 112, paragraph 5, of its rules
of procedure, the Committee requests the State
party to inform it, within 90 days of the date of the
transmittal of this decision, of the steps it has taken
in response to the views expressed above.
11
“The Committee recalls that the State party, by ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with the
Committee in good faith in applying and giving full effect to the procedure of individual
complaints established thereunder. The Committee also notes that the Convention (art. 18) vests
it with competence to establish its own rules of procedure, which become inseparable from the
Convention to the extent they do not contradict it. In this case, rule 108 of the rules of procedure
is specifically intended to give meaning and scope to articles 3 and 22 of the Convention, which
otherwise would only offer asylum-seekers invoking a serious risk of torture a merely theoretical
protection. By failing to respect the request for interim measures made to it, and to inform the
Committee of the deportation of the complainant, the State party committed a breach of its
obligations of cooperating in good faith with the Committee, under article 22 of the Convention.
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.”
112
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