permanent missions of States parties to encourage compliance and to determine whether
advisory services or technical assistance by the Office of the United Nations High Commissioner
for Human Rights would be appropriate or desirable; conducting with the approval of the
Committee follow-up visits to States parties; preparing periodic reports for the Committee on
his/her activities.
90. During its thirty-fourth session, the Committee, through its Special Rapporteur on
follow-up to decisions, decided that in cases in which it had found violations of the Convention,
including decisions made by the Committee prior to the establishment of the follow-up
procedure, the States parties should be requested to provide information on all measures taken by
them to implement the Committee’s recommendations made in the decisions. To date, the
following countries have not yet responded to these requests: Canada (with respect to Tahir
Hussain Khan, No. 15/1994); Serbia and Montenegro (with respect to Dimitrov, No. 171/2000,
Danil Dimitrijevic, No. 172/2000, Nikolić, Slobodan and Ljiljana, No. 174/2000 and
Dragan Dimitrijevic, No. 207/2002); and Tunisia (with respect to Ali Ben Salem, No. 269/2005).
91. Action taken by the States parties in the following cases complied fully with the
Committee’s decisions and no further action will be taken under the follow-up procedure:
Halimi-Nedibi Quani v. Austria (No. 8/1991); M.A.K. v. Germany (No. 214/2002);3
Hajrizi Dzemajl et al. v. Serbia and Montenegro (No. 161/2000), the Netherlands (with respect
to A.J., No. 91/1997); Mutombo v. Switzerland (No. 13/1993); Alan v. Switzerland
(No. 21/1995); Aemei v. Switzerland (No. 34/1995); V.L. v. Switzerland (No. 262/2005);
El Rgeig v. Switzerland (No. 280/2005); Tapia Paez v. Sweden (No. 39/1996); Kisoki v. Sweden
(No. 41/1996); Tala v. Sweden (No. 43/1996); Avedes Hamayak Korban v. Sweden
(No. 88/1997); Ali Falakaflaki v. Sweden (No. 89/1997); Orhan Ayas v. Sweden (No. 97/1997);
Halil Haydin v. Sweden (No. 101/1997); A.S. v. Sweden (No. 149/1999); Chedli Ben Ahmed
Karoui v. Sweden (No. 185/2001); Dar v. Norway4 (No. 249/2004); Tharina v. Sweden
(No. 266/2003); C.T. and K.M. v. Sweden (No. 279/2005); and Jean-Patrick Iya v. Switzerland
(No. 299/2006).
92. In the following cases, the Committee considered that for various reasons no further action
should be taken under the follow-up procedure: Elmi v. Australia (No. 120/1998);
Arana v. France (No. 63/1997); and Ltaief v. Tunisia (No. 189/2001). In one case, the
Committee deplored the State party’s failure to abide by its obligations under article 3 having
deported the complainant, despite the Committee’s finding that there were substantial
grounds for believing that he would be in danger of being tortured: Dadar v. Canada
(No. 258/2004).
93. In the following cases, either further information is awaited from the States parties or the
complainants and/or the dialogue with the State party is ongoing: Falcon Rios v. Canada
(No. 133/1999); Dadar v. Canada (No. 258/2004); Brada v. France (No. 195/2003);
3
Although no violation was found in this case, the Committee welcomed the State party’s
readiness to monitor the complainant’s situation and subsequently provided satisfactory
information in this regard (see chart below).
4
The State had already remedied the breach prior to consideration of the case.
138
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