general principles contained in the Committee’s
relevant Views. The Decree of the Federal Ministry
for Justice dated 30 September 1999 reaffirmed the
standing instruction to the prosecutors’ offices to
follow up on every case of an allegation of
mistreatment by law enforcement authorities by
launching preliminary investigations or by means
of judicial pretrial inquiries. Concurrently, the
Federal Ministry of the Interior requested the law
enforcement authorities to give notice to the
competent prosecutors’ offices of allegations of
mistreatment raised against their own officials and
of other indications pointing to a relevant case
without any delay. Furthermore, Decree of the
Ministry of Interior of 10 November 2000 set forth
that law enforcement authorities are bound to
transmit a description of the facts or the
complaint without delay to the prosecution, if one
of their officials is the object of allegations of
mistreatment. By Decree of the Federal Ministry of
Justice of 21 December 2000, the heads of penal
institutions were requested to follow the same
proceedings in case of allegations against officials
entrusted with the enforcement of sentences.
Complainant’s response
None
Committee’s decision
The Committee considered the response
satisfactory, in view of the time lapsed since it
adopted its Views and the vagueness of the remedy
recommended. It decided to discontinue
consideration of the case under the follow-up
procedure.
State party
AUSTRALIA
Case
Shek Elmi, 120/1998
Nationality and country of removal
if applicable
Somali to Somalia
Views adopted on
25 May 1999
Issues and violations found
Removal - article 3
Interim measures granted and State
party response
Granted and acceded to by the State party.
140
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