Annex VIII DECISIONS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION A. Decisions on merits Communication No. 133/1999 Submitted by: Mr. Enrique Falcon Ríos (represented by counsel, Mr. Istvanffy Stewart) Alleged victim: Complainant State party: Canada Date of complaint: 6 May 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 23 November 2004, Having concluded its consideration of complaint No. 133/1999, submitted to the Committee against Torture by Mr. Enrique Falcon Ríos 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 complainant, his counsel and the State party, Adopts the following decision under article 22, paragraph 7, of the Convention. 1.1 The complainant is Enrique Falcon Ríos, a Mexican citizen, born in 1978. On arrival in Canada on 2 April 1997 he applied for refugee status. His application was rejected. He claims that his forced return to Mexico would constitute a violation by Canada of article 3 of the Convention, and that the hearing on his claim for refugee status violated article 16 of the Convention. He is represented by counsel. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee brought the complaint to the attention of the State party on 18 May 1999. At the same time, acting under rule 108 of its rules of procedure, it requested the State party not to expel the complainant to Mexico while his complaint was being considered. The facts as submitted by the complainant 2.1 The complainant lived and worked on the farm of his uncle, his father’s half-brother, a soldier, in the State of Chiapas. His uncle, who had bought the farm in February 1995, had deserted from the army in December 1996, without telling his family; he had also been accused of having links with the Ejército Zapatista de Liberación Nacional (EZLN) and of treason against the homeland. 103