9. Communications Nos. 130/1999 and 131/1999
Submitted by:
V.X.N. and H.N. (names withheld)
[represented by counsel]
Alleged victims:
The authors
State party:
Sweden
Date of communication:
15 February 1999
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 15 May 2000,
Having concluded its consideration of communications Nos. 130/1999 and 131/1999, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the authors of the communication,
their counsel and the State party,
Adopts its views under article 22, paragraph 7, of the Convention.
1.1
The authors of the communications are Mr. V.X.N., born on 1 December 1959, and Mr. H.N., born on
10 November 1963, two Vietnamese nationals currently residing in Sweden where they received refugee status
and permanent residence permits on 18 August 1992 and 23 August 1991 respectively. The authors claim that
they risk torture if they are returned to Viet Nam and that their forced return to that country would therefore
constitute a violation by Sweden of article 3 of the Convention. The authors are represented by counsel.
1.2
In view of the similarities of the two claims, the Committee decided to consider the communications
together.
1.3
In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted
communications Nos. 130/1999 and 131/1999 to the State party on 29 April 1999. Pursuant to rule 108,
paragraph 9, of the Committee's rules of procedure, the State party was requested not to expel the authors to
Viet Nam pending the consideration of their cases by the Committee. In a submission dated 27 May 1999 the
State party informed the Committee that the authors would not be expelled to their country of origin while their
communications were under consideration by the Committee.
The facts as presented by the authors
The case of Mr. V.X.N.
2.1
The author of the first communication (No. 130/1999), Mr. V.X.N., states that he came to Sweden in
1992, recognized as a quota refugee. In 1995 the author was sentenced under Swedish law to five years'
133
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents