CAT/C/56/D/643/2014
that the facts as presented by him did not disclose violations of the European Convention.
He reiterated that the Court declared his application inadmissible and noted the Court’s
wording that, in the light of all the material in its possession and in so far as the matters
complained of were within its competence, the Court, sitting in a single-judge formation,
found that they did not disclose any appearance of a violation of the rights and freedoms set
out in the Convention or its Protocols and declared the complainant’s application
inadmissible. Accordingly, the complainant maintained that it cannot be asserted that the
Court had examined his application in substance. Therefore, there are no obstacles to the
Committee’s examination of the present complaint on the merits.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention.
6.2
The Committee takes note of the State party’s objection that the complaint should be
declared inadmissible under article 22 (5) (a) of the Convention because the same matter
was already examined by the European Court of Human Rights. The Committee also takes
note of the complainant’s allegations that his application was not examined by the Court
because its inadmissibility decision only stated that his application “did not disclose any
appearance of violation” and that its limited reasoning does not allow the Committee to
conclude that it considered the merits of the case.
6.3
The Committee recalls 4 its consistent jurisprudence that it will not consider any
complaint from an individual under article 22 (5) (a) of the Convention unless it has
ascertained that the same matter has not been, and is not being, examined under another
procedure of international investigation or settlement. The Committee considers that a
complaint has been, and is being examined, by another procedure of international
investigation or settlement if the examination of a complaint by another procedure relates or
is related to the “same matter” within the meaning of article 22 (5) (a), that is, the same
parties, the same facts and the same substantive rights. 5
6.4
The Committee observes that the present complaint raises claims under article 3 of
the Convention mainly in relation to the alleged risk of torture to which the complainant
would be subjected if removed to Uzbekistan. It also observes that, in his comments
concerning the State party’s observations on admissibility, the complainant confirmed that
he had also applied to the European Court and had requested a stop to his deportation to
Uzbekistan. Accordingly, in the light of the information contained in the case file, the
Committee concludes that the application submitted by the complainant to the European
Court on 26 November 2014 concerned the same person, was based on the same facts and
related to the same substantive rights as those invoked in the present complaint. The
Committee therefore considers that the complainant’s application was already examined by
that international procedure in the sense of article 22 (5) (a) of the Convention, and
concludes that the present communication is inadmissible under article 22 (5) (a) of the
Convention.
4
5
See, for example, communications No. 305/2006, A.R.A. v. Sweden, para. 6.1; and No. 642/2014,
M.T. v. Sweden, decision of inadmissibility adopted on 7 August 2015, para. 8.3.
See, for example, communications No. 247/2004, A.A. v. Azerbaijan, decision of inadmissibility
adopted on 25 November 2005, paras. 6.8; No. 479/2011, E.E. v. the Russian Federation, decision of
inadmissibility adopted on 24 May 2013, para. 8.4; and No. 642/2014, M.T. v. Sweden, decision of
inadmissibility adopted on 7 August 2015, para. 8.3.
5