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Annex VII
Decisions of the Committee against Torture under
article 22 of the Convention
A. Decisions on merits
Complaint No. 111/1998
Complainant:
Mr. R.S.
[represented by Mr. Richard Soyer, counsel in Vienna, Austria]
State party:
Austria
Date of communication:
16 April 1997 (initial submission)
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 30 April 2002,
Having concluded its consideration of communication No. 111/1998, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having take into account all information made available to it by the author of the
communication, his counsel and the State party,
Adopts its Decision under article 22, paragraph 7, of the Convention.
1.1
The complainant is Mr. R.S., an Austrian citizen, at the time of the first submission
imprisoned in Vienna, Austria, on a conviction for housebreaking, procuring of prostitution and
drug trafficking. He claims to be the victim of violations by Austria of article 13 of the
International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3 of the Convention, the Committee transmitted
the petition to the State party on 11 January 1999.
Facts as submitted by the complainant
2.1
On 30 July 1996, the complainant was questioned by police officers at the Leopoldstadt
District Police station of the Vienna Federal Police Directorate. While the complainant was
questioned by officers of one investigation team, three officers entered the room and brought the
complainant into the office of one of them. The officers of the investigation team protested
against the complainant’s transfer, because they had not yet finished their interrogation. Shortly
after the complainant had been brought into the other office, he was found outside the office with
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