CAT/C/55/D/505/2012
Appendix
Individual opinion of Committee member Alessio Bruni
1.
It is my opinion that the words “the State party seriously failed in its obligations
under article 22 of the Convention” appearing in paragraph 6.2 of the Committee’s decision
on the present communication, should be replaced by the words “the State party raised
serious doubts about its willingness to implement article 22 of the Convention in good
faith”.
2.
Similarly, the words “constitutes a violation of article 22 of the Convention”
appearing in paragraph 9 of the Committee’s decision, should be replaced by the words
“raises serious doubts about the willingness of the State party to implement article 22 of the
Convention in good faith”.
3.
The reason for the change in the wording of the Committee’s decision that I raised
during the consideration by the Committee of the present communication is that interim
measures requested by the Committee do not appear in article 22 of the Convention and,
therefore, cannot constitute a violation of a State party’s obligation under that article. They
are contained in rule 114 of the Committee’s rules of procedure which have been adopted
by the Committee unilaterally and have not been subscribed to by the States parties.
However, the non-compliance by a State party with interim measures requested by the
Committee remains a clear sign of non-cooperation undermining the Committee’s
effectiveness of its mandate and should be clearly blamed.
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