complaint without delay to the prosecution, if
one of their officials is the object of
allegations of mistreatment. By Decree of
the Federal Ministry of Justice of
21 December 2000, the heads of penal
institutions were requested to follow the same
proceedings in case of allegations against
officials entrusted with the enforcement of
sentences.
Complainant’s response
None
Committee’s decision
The Committee considered the response
satisfactory, in view of the time lapsed since it
adopted its Views and the vagueness of the
remedy recommended. It decided to
discontinue consideration of the case under
the follow-up procedure.
State party
AUSTRALIA
Case
Shek Elmi, 120/1998
Nationality and country of removal if
applicable
Somali to Somalia
Views adopted on
25 May 1999
Issues and violations found
Removal - article 3
Interim measures granted and State party
response
Granted and acceded to by the State party.
Remedy recommended
The State party has an obligation to refrain
from forcibly returning the complainant to
Somalia or to any other country where he runs
a risk of being expelled or returned to
Somalia.
Due date for State party response
None
Date of reply
23 August 1999 and 1 May 2001
State party response
On 23 August 1999, the State party responded
to the Committee’s Views. It informed the
Committee that on 12 August 1999, the
Minister for Immigration and Multicultural
Affairs decided that it was in the public
109
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