CAT/C/56/D/671/2015 Appendix Individual dissenting opinion of Committee member Alessio Bruni 1. The following sentence at the end of paragraph 9.2 of the Committee’s decision on communication No. 671/2015 should be deleted: “The Committee refers to article 27 of the Vienna Convention on the Law of Treaties, according to which a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”. 2. The reference is wrong. The State party has invoked its obligations under an extradition treaty, not the provisions of its internal law. 3. In paragraph 9.3 of the decision, the words “the State party seriously failed in its obligations under article 22 of the Convention” should be replaced with the words “the State party seriously failed in its expected cooperation in good faith with the Committee”. 4. In paragraph 11 of the decision, the words “acting under article 22 (7) of the Convention” should be deleted; and the words “a breach by the State party of article 22 of the Convention” should be replaced with the words “an evident lack of cooperation by the State party with the Committee and a serious obstacle to the Committee’s deliberation”, without reference to article 22 of the Convention. 5. Interim measures are contained in rule 114 of the rules of procedure of the Committee, which have not been subscribed to by the State party and are not contained in article 22 of the Convention, which, on the contrary, has been subscribed to by the State party. The breach, therefore, concerns that rule and not article 22 of the Convention. 6. Interim measures are legally binding in those treaties and protocols that provide for them, and are freely adhered to by States. Treaties, such as the Convention against Torture, which do not contain such provisions, should be amended in accordance with their amending mechanism in order to include the notion of legally binding interim measures. 13

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