CAT/C/59/D/691/2015
inadmissible for reasons related to the substance of the claim and not solely on procedural
grounds. The State party invites the Committee to contact the secretariat of the European
Court of Human Rights in order to clarify that issue.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention.
7.2
The Committee notes that the State party contested the admissibility of the
communication on the grounds that it had already been reviewed by another procedure of
international investigation or settlement, the European Court of Human Rights. The
Committee notes that the complainant confirmed that she had submitted an application to
the European Court, in which she referred to the risk of torture and ill-treatment that she
would face if she was returned to the Islamic Republic of Iran, in breach of article 3 of the
European Convention on Human Rights. The Committee also notes that, by letter dated 10
February 2015, the European Court informed the complainant that the acting President of
the section in charge of reviewing her application, sitting in a single judge formation, had
decided not to grant the requested interim measures to prevent her removal to the Islamic
Republic of Iran, and had declared her application inadmissible insofar as the admissibility
criteria established in articles 34 and 35 of the European Convention had not been met. The
Committee further notes the complainant’s claim that the European Court’s decision dated
10 February 2015 provides very limited information and does not enable the reader to
identify the reasons why the Court, sitting in a single judge formation, declared the
application inadmissible or to assess whether the Court conducted an examination of the
substance of the complainant’s case, which leads the complainant to assume that no such
examination had taken place.
7.3
The Committee considers that a complaint has been or is being examined by another
procedure of international investigation or settlement if the examination by the other
procedure related or relates to the same matter within the meaning of article 22 (5) (a) of
the Convention, which must be understood as relating to the same parties, the same facts
and the same substantive rights.17
7.4
The Committee notes that on 10 February 2015, the European Court of Human
Rights, sitting in a single judge formation, declared inadmissible the application submitted
by the complainant against the State party, and that the application referred to similar facts
as those raised in the present communication. The Committee also notes that in its decision,
the European Court indicates only that the admissibility criteria set out in articles 34 and 35
of the European Convention on Human Rights had not been met, without providing any
specific reason that had led the Court to reach its conclusion.
7.5
The Committee considers that in the present case, the succinct reasoning provided
by the European Court of Human Rights in its decision of 10 February 2015 does not allow
the Committee to verify the extent to which the Court examined the complainant’s
application, including whether it conducted a thorough analysis of the elements related to
the merits of the case.18
17
18
See, for example, A.A. v. Azerbaijan, para. 6.8; E.E. v. Russian Federation, para. 8.4; and M.T. v.
Sweden, para. 8.3.
See communication No. 584/2014, Mozer v. Switzerland, decision adopted on 13 May 2016, paras.
9.4 and 9.5.
7