present, that his intention was to seek work in Germany, and the truthfulness of
that statement was not questioned during the asylum proceedings in Spain.
7.5 The Committee concludes that the communication on behalf of X has not been
sufficiently justified as regards the claimed violation of article 3 of the
Convention b/ but is rather a matter of political asylum, making the
communication incompatible with article 22 of the Convention.
8.
The Committee therefore decides:
(a)
(b)
party.
That the communication is inadmissible;
That this decision shall be communicated to the author and the State
[Done in English, French, Russian and Spanish, the Spanish text being the
original version.]
Notes
a/
In the Committee’s rulings on communications No. 13/1993 (Mutombo v.
Switzerland) and No. 15/1994 (Khan v. Canada), both authors alleged and
submitted medical evidence and other documents to demonstrate that they had been
detained and tortured before fleeing their respective countries.
b/
Compare decisions in cases No. 17/1994 (X v. Switzerland) and
No. 18/1994 (X v. Switzerland), which were declared inadmissible on
17 November 1994.
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