A/72/44
parties and are made available to the public. The text of the Committee’s decisions
declaring complaints inadmissible or discontinuing the examination of a case are also made
public, without disclosing the identity of the complainant, but identifying the State party
concerned.
B.
Interim measures of protection
76.
Complainants frequently request preventive protection, particularly in cases
concerning imminent expulsion or extradition, where they allege a violation of article 3 of
the Convention. Pursuant to rule 114, paragraph 1, of its rules of procedure, at any time
after the receipt of a complaint, the Committee, through its Rapporteur on new complaints
and interim measures, may transmit to the State party concerned a request that it take such
interim measures as the Committee considers necessary to avoid irreparable damage to the
victim(s) of the alleged violation(s). The State party shall be informed that such a request
does not imply a determination of the admissibility or the merits of the complaint. During
the reporting period, requests for interim measures of protection were received in 70
complaints, of which 45 were granted by the Rapporteur on new complaints and interim
measures, who regularly monitors the compliance of States parties with such requests.
C.
Progress of work
77.
At the time of adoption of the present report, the Committee had registered, since
1989, 825 complaints concerning 38 States parties. 11 Of those, 234 complaints had been
discontinued and 86 had been declared inadmissible. The Committee had adopted final
decisions on the merits on 329 complaints and found violations of the Convention in 131 of
them. Some 175 complaints were pending consideration. All the Committee’s decisions on
the merits and those declaring a complaint inadmissible can be found in the treaty body
case law database (http://juris.ohchr.org/), on the OHCHR website (www2.ohchr.org) and
the Official Document System of the United Nations (http://documents.un.org).
78.
At its fifty-eighth session, the Committee adopted decisions on the merits in respect
of seven communications. In communication No. 682/2015, Alhaj Ali v. Morocco, the
Committee found that the extradition of the complainant’s husband to Saudi Arabia
constituted a violation by the State party of article 3 of the Convention. The Committee
found that the forcible return of the complainants would not constitute a violation by the
States parties of article 3 of the Convention in its decisions on communications No.
595/2014, D.M. v. Australia, No. 599/2014, T. v. Australia, No. 600/2014, K.V. v.
Australia, No. 608/2014, M.N. v. Australia, No. 609/2014, R.K. v. Australia and No.
616/2014, J.I. v. Sweden.
79.
The Committee also found two communications, namely, No. 607/2014, R.K. v.
Denmark and No. 627/2014, H. v. Sweden inadmissible, two communications, namely No.
650/2015, O.D. v. Morocco and No. 710/2015, A.M.A. v. Switzerland admissible, and
discontinued the consideration of communications No. 645/2014, G.T. v. Australia and No.
559/2013, P.R. v. Switzerland.
80.
At its fifty-ninth session, on 2 December 2016, the Committee held, for the first time
since its creation, a meeting with judges from the European Court of Human Rights,
supported by the René Cassin Foundation. The meeting covered issues of common interest
relating to the individual complaints procedure and jurisprudence. During the same session,
the Committee adopted decisions on the merits in respect of 11 communications. The
Committee found that the forcible return of the complainants would not constitute a
violation by the States parties of article 3 of the Convention in its decisions on
communications No. 581/2014, S.S. v. Canada, No. 582/2014, N.S. v. Canada, No.
633/2014, Y.S. v. Australia, No. 644/2014, R.O. et al. v. Sweden, No. 649/2015, K.N. v.
11
The complaints examined by the Committee in relation to the Federal Republic of Yugoslavia, as well
as to Serbia and Montenegro, are attributed to Serbia for statistical purposes.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents