228. Pursuant to rule 112 of its rules of procedure, the Committee shall include
in its annual report a summary of the communications examined. The Committee
may also include in its annual report the text of its views under article 22,
paragraph 7, of the Convention and the text of any decision declaring a
communication inadmissible.
229. During the period covered by the present report (fifteenth and sixteenth
sessions) the Committee had 26 communications before it for consideration
(Nos. 11/1993, 12/1993, 16/1994, 19/1994, 20/1994, 21/1995, 23/1995, 25/1995,
26/1995, 27/1995, 28/1995, 29/1995, 30/1995, 31/1995, 32/1995, 33/1995, 34/1995,
35/1995, 36/1995, 37/1995, 38/1995, 39/1996, 40/1996, 41/1996, 42/1996 and
43/1996).
230. At its fifteenth session, the Committee decided to discontinue
consideration of communications Nos. 16/1994 and 20/1994.
231. Also at its fifteenth session, the Committee declared communications
Nos. 30/1995 (P. M. P. K. v. Sweden), 32/1995 (N. D. v. France) and 35/1995
(K. K. H. v. Canada) inadmissible for non-exhaustion of domestic remedies,
pursuant to article 22, paragraph 5 (b), of the Convention. Communication
No. 26/1995 (X v. Canada) was declared inadmissible under article 22,
paragraph 5 (a), of the Convention, because the same matter was under
consideration by the Inter-American Commission on Human Rights. The text of
these decisions is reproduced in annex V to the present report.
232. The Committee further declared inadmissible communications Nos. 23/1995
(X v. Spain) and 31/1995 (X and Y v. the Netherlands) because of failure to
present a minimum substantiation of their claim under article 3 of the
Convention. The Committee considered that the communications related to matters
of political asylum, but that no evidence had been adduced that the authors
could be personally at risk of being subjected to torture if returned to their
country of origin. The text of the decisions is reproduced in annex V to the
present report.
233. At its sixteenth session, the Committee declared admissible communications
Nos. 28/1995 and 39/1996. The two communications are therefore to be considered
on their merits.
234. Also at its sixteenth session, the Committee adopted its views concerning
three communications. With regard to communication No. 21/1995 (Alan v.
Switzerland), the Committee found that, in the specific case of the complainant,
a Kurd who had been imprisoned and tortured in the past and who had fled his
country because the police were looking for him, his expulsion to Turkey would
constitute a violation by Switzerland of its obligation under article 3 of the
Convention not to expel or return a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected
to torture. The text of the views is reproduced in annex V to the present
report.
235. With regard to communication No. 36/1995 (X v. the Netherlands), the
Committee found that the expulsion of the author by the Netherlands to Zaire
would not, in the specific circumstances of the case, constitute a violation of
article 3 of the Convention as referred to above. The text of the views is
reproduced in annex V to the present report.
236. Concerning communication No. 41/1995 (Kisoki v. Sweden), the author was an
activist of a political party opposed to the Government of Zaire who had escaped
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