CAT/C/64/D/730/2016
landlady decided to take the key, the complainant attacked him and started shouting. In
response, he slightly pushed her. The complainant was not injured and did not suffer any
kind of harm. After the arrival of the police, the complainant confirmed that she had no
problems with the landlady or her brother. After the detailed analysis of the incident and
considering that the complainant did not request further investigation, the police decided to
close the case.
6.4
Regarding the complainant’s allegation that she was insulted by the police on 1
October 2015 (para. 2.24) and that no disciplinary proceedings were conducted, the State
party provides information demonstrating that these allegations are also false.
6.5
The State party then draws attention to the complainant’s false statement that she
was arbitrarily denied access to social aid. The complainant received the equivalent of more
than $6,100 in social aid up to 2016, but since then, she categorically refuses to present her
residence permit to the Ministry, which is a precondition for receiving financial support.
Thus, it is due to the complainant’s deliberate negligence that she no longer receives
financial aid. The State party finds no rational ground on which the complainant could
complain of the situation that she herself has created.
6.6
In the light of the above, the State party expresses its deepest concern for the
complainant’s abusive behaviour and concludes that to find such a complaint, which is
totally contra sensu, admissible would not only hinder the credibility of the whole
proceedings, but would also undermine the very spirit of the Convention, which is intended
to be used in the fight against the gravest human rights violations, rather than dealing with
fictional conspiracy theories.
6.7
On 7 August 2018, the State party submitted that, since 28 October 2016, the
complainant’s humanitarian status had been extended twice, and that she would enjoy that
status until 28 October 2018, when the Ministry would again consider renewing it for one
year in accordance with domestic legislation. The State party also submits that since the
complainant benefits from humanitarian status, she is not subject to expulsion from Georgia
and that the State party has no such intention. It further reiterates that the complainant uses
abusive language vis-à-vis the Georgian authorities.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
7.2
As to the complainant’s allegations of abuse by public officials of the State party,
the Committee notes the State party’s plea of inadmissibility based on non-exhaustion of
domestic remedies. It notes that the complainant was able, under national legislation, to
challenge the prosecutor’s decision to close the investigation into her allegations — first,
before the superior prosecutor and then before the courts. The Committee also notes the
complainant’s assertion that she did not contest the two decisions to close the investigations
because she had not been informed about them. The Committee further takes note of the
State party’s statement that the complainant refused to take part in various investigations
initiated in her case, that the complainant did not raise allegations of torture or other illtreatment before national authorities, and that the complainant has not provided any
documentation or information to the contrary. The Committee therefore concludes that the
part of the communication in respect of articles 12, 13, 14 and 16 of the Convention is
inadmissible because of non-exhaustion of domestic remedies under article 22 (5) (b) of the
Convention.
7.3
Finally, the Committee notes the State party’s argument that the complaint should be
held inadmissible as manifestly ill-founded. The Committee notes the complainant’s
allegations of a risk of torture or ill-treatment in case of her forced removal to Nigeria.
However, it notes that the complainant has not provided any evidence in that regard, but
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