CAT/C/34/D/233/2003**
Page 37
seize the Committee. As a result, the Committee concludes that the State party was in breach
of its obligations under article 22 of the Convention to respect the effective right of individual
communication conferred thereunder.
The State party’s failure to co-operate fully with the Committee
13.10 Having addressed the merits of the complaint, the Committee must address the failure
of the State party to co-operate fully with the Committee in the resolution of the current
complaint. The Committee observes that, by making the declaration provided for in article 22
extending to individual complainants the right to complain to the Committee alleging a breach
of a State party’s obligations under the Convention, a State party assumes an obligation to cooperate fully with the Committee, through the procedures set forth in article 22 and in the
Committee’s Rules of Procedure. In particular, article 22, paragraph 4, requires a State party
to make available to the Committee all information relevant and necessary for the Committee
appropriately to resolve the complaint presented to it. The Committee observes that its
procedures are sufficiently flexible and its powers sufficiently broad to prevent an abuse of
process in a particular case. It follows that the State party committed a breach of its
obligations under article 22 of the Convention by neither disclosing to the Committee relevant
information, nor presenting its concerns to the Committee for an appropriate procedural
decision.
14.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, decides that the facts before it constitute breaches by the State party of articles 3
and 22 of the Convention.
15.
In pursuance of rule 112, paragraph 5, of its rules of procedure, the Committee
requests the State party to inform it, within 90 days from the date of the transmittal of this
decision, of the steps it has taken in response to the Views expressed above. The State party is
also under an obligation to prevent similar violations in the future.
[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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