86. At its forty-second session, the Committee adopted decisions on the merits in respect of
complaints Nos. 261/2005 (Besim Osmani v. Serbia) and 324/2007 (Mr. X. v. Australia). The
text of these decisions is also reproduced in annex XIII, section A, to the present report.
87. In its decision on complaint No. 261/2005 (Besim Osmani v. Serbia), the Committee
considered that the infliction of physical and mental suffering aggravated by the complainant’s
particular vulnerability, due to his Roma ethnic origin and unavoidable association with a
minority historically subjected to discrimination and prejudice, reached the threshold of cruel,
inhuman or degrading treatment or punishment. Irrespective of whether the persons who had
caused bodily injury to the complainant and verbally abused him were or were not public
officials, the authorities of the State party who witnessed the events and failed to intervene to
prevent the abuse have, at least “consented or acquiesced” to it, within the meaning of article 16
of the Convention, which the Committee considered to be violated. It also found that the
investigation conducted by the authorities of the State party did not satisfy the requirements of
article 12. Nor had the State party fulfilled its obligation under article 13 to ensure that the
complainant had the right to complain to, and to have his case promptly and impartially
investigated, by its competent authorities. Although not expressly provided for in the Convention
for victims of ill-treatment other than torture, the Committee considered that the positive
obligations of the State party under article 16 included a duty to provide the complainant with
fair and adequate compensation.
88. Complaint No. 324/2007 (Mr. X. v. Australia), concerned a Palestinian born in Lebanon, a
former member of the Lebanese armed forces, who allegedly had taken part in the 1982
massacre in the Sabra and Shatila refugee camps as member of the Christian Democrats
(Phalangists) militia. He became an assistant to one of the militia’s leaders in Lebanon, and
allegedly misappropriated funds belonging to the organization. He fled to Germany and was
granted political asylum there. Later, he was located in Germany by his previous superior and
started to receive threats from him. Given that in the meantime he had committed crimes in
Germany and had been sentenced to a prison term in Germany, he lost his refugee status. After
having serviced his term, he travelled to Australia on a false identity and sought political asylum
there. His request was rejected and he risked a forcible return to Lebanon. The complainant
claimed that in case of his forcible removal, Australia would breach his rights under article 3 of
the Convention. The Committee concluded, on the merits, that the complainant failed to
demonstrate that he would face a foreseeable, real and personal risk of being subjected to torture
in Lebanon if returned there, and that therefore his removal would not constitute a breach of the
Convention.
D. Follow-up activities
89. At its twenty-eighth session, in May 2002, the Committee against Torture revised its rules
of procedure and established the function of a Rapporteur for follow-up of decisions on
complaints submitted under article 22. At its 527th meeting, on 16 May 2002, the Committee
decided that the Rapporteur shall engage, inter alia, in the following activities: monitoring
compliance with the Committee’s decisions by sending notes verbales to States parties enquiring
about measures adopted pursuant to the Committee’s decisions; recommending to the Committee
appropriate action upon the receipt of responses from States parties, in situations of
non-response, and upon the receipt henceforth of all letters from complainants concerning
non-implementation of the Committee’s decisions; meeting with representatives of the
137
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents