Communication No. 148/1999
Submitted by:
A.K.
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
13 October 1999 (initial submission)
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 5 May 2004,
Having concluded its consideration of complaint No. 148/1999, submitted to the
Committee against Torture by A.K. under article 22 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the author of the
complaint, his counsel and the State party,
Adopts the following decision under article 22 of the Convention.
1.1
The complainant is A.K., a Sudanese national, currently detained at the Immigration
Detention Centre, New South Wales. He claims that his forcible return to Sudan would
constitute a violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment by Australia. The complainant was initially represented by counsel.a
1.2
On 1 November 1999, the State party was requested, pursuant to rule 108, paragraph 9,
of the Committee’s rules of procedure, not to expel the complainant, while his complaint is under
consideration by the Committee. On 20 January 2000, the State party confirmed that it would
accede to this request.
Facts as presented by the complainant
2.1
The complainant alleges that he is Ansari and a member of the Umma Party, which is one
of the two traditionalist parties of the North opposing the current Government. From 1990
to 1995, the complainant attended Cairo University, Khartoum Branch, where he completed a
law degree. The Umma Party had about 100 members at Cairo University, and the complainant
became the leader of this group.
2.2
In April 1992, the complainant alleges to have organized rallies and demonstrations
against the Government. Following one of these rallies, he was detained by members of the
security forces. He was threatened, forced to sign an undertaking that he would not participate in
political activities and then released. Following this incident, the security forces kept him under
surveillance.
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