the practice of systematically requesting the Rapporteur to withdraw his request for interim
measures of protection. The Rapporteur has taken the position that such requests need only be
addressed if based on new information which was not available to him when he took his initial
decision on interim measures.
135. Also during the period under review, the Committee conceptualized the formal
and substantive criteria applied by the Rapporteur for new complaints and interim
measures in granting or rejecting requests for interim measures of protection (see
CAT/NONE/2004/1/Rev.1). Apart from timely submission of a complainant’s request for
interim measures of protection under rule 108, paragraph 1, of the Committee’s rules of
procedure, the basic admissibility criteria set out in article 22, paragraphs 1 to 5, of the
Convention, must be met by the complainant for the Rapporteur to act on his or her request.
The requirement of exhaustion of domestic remedies can be dispensed with, if the only
remedies available to the complainant are without suspensive effect, i.e. remedies that do not
automatically stay the execution of an expulsion order, or if there is a risk of immediate
deportation of the complainant after the final rejection of his or her asylum application. In such
cases, the Rapporteur may request the State party to refrain from deporting a complainant, while
his or her complaint is under consideration by the Committee, even before domestic remedies
have been exhausted. As for substantive criteria to be applied by the Rapporteur, a complaint
must have a substantial likelihood of success on the merits for it to be concluded that the alleged
victim would suffer irreparable harm in the event of his or her deportation.
C. Progress of work
136. At the time of adoption of the present report the Committee had registered
269 complaints with respect to 24 countries. Of them, 69 complaints had been discontinued
and 47 had been declared inadmissible. The Committee had adopted final decisions on the
merits with respect to 111 complaints and found violations of the Convention in 32 of them.
Overall, 42 complaints remained pending for consideration.
137. At its thirty-third session, the Committee declared inadmissible complaints
Nos. 163/2000 (S.V. v. Canada) and 218/2002 (R.C. v. Sweden).
138. Also at its thirty-third session, the Committee adopted decisions on the merits in respect
of complaints Nos. 133/1999 (Falcon Ríos v. Canada), 207/2002 (Dimitrijevic v. Serbia and
Montenegro) and 223/2002 (Sohab Uddin v. Sweden). The text of these decisions is reproduced
in annex VIII, section A, to the present report.
139. In its decision on complaint No. 223/2002 (S.U.A. v. Sweden), the Committee considered
that the complainant’s expulsion to Bangladesh would not violate article 3 of the Convention, in
the absence of a foreseeable, real and personal risk of being tortured upon return to that country.
140. In case No. 133/1999 (Falcon Ríos v. Canada), the complainant claimed that his
expulsion to Mexico would expose him to a risk of torture, since he and his father had been
tortured and his mother and older sister had been raped by Mexican soldiers because of his
uncle’s suspected links with the Ejército Zapatista de Liberación Nacional (EZLN). The
Committee declared the complaint admissible, even though the complainant had not applied to
the Federal Court for leave to appeal the Minister’s decision not to grant a stay of his removal on
humanitarian grounds. It argued that since an application on humanitarian grounds is not an
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