2. Communication No. 93/1997
Submitted by:
K.N. (name deleted)
[represented by counsel]
Alleged victim:
The author
State party:
France
Date of communication:
15 August 1997
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 18 November 1999,
Adopts the following decision:
Decision on admissibility
1.1
The author of the communication is K.N., born in 1963, a national of the Democratic Republic of the
Congo (former Zaire) currently living in France, where he has asked for asylum and faces deportation. He
asserts that to return him to the Democratic Republic of the Congo would constitute a violation by France of
article 3 of the 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 brought the
communication to the attention of the State party on 17 December 1998.
Facts as submitted by the author
2.1
The author says that he was a student leader in Zaire, and organized student demonstrations against
President Mobutu's regime. He gives no description of his activities in Zaire, but submits copies of a wanted
notice for him issued on 4 May 1992, an arrest and detention warrant for incitement to rebellion drawn up by
the Ndjili Prosecutor's Office on 22 April 1992 and a pre-trial release on bail order for his brother dated 24 July
1992.
2.2
On arrival in France on 6 June 1992, the author applied to the French Office for the Protection of
Refugees and Stateless Persons (OFPRA) for refugee status; his application was denied on 11 August 1992,
and the denial was upheld by the Refugee Appeal Board (CRR) on 17 December 1992.
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