CAT/C/49/D/437/2010
that this new procedure would be ineffective, in the case of the complainant, should the
facts and circumstances so warrant. 2
6.3
In the light of the foregoing, the Committee concludes that the present
communication is inadmissible under article 22, paragraph 5 (b), of the Convention for
failure to exhaust domestic remedies in the sense that there still exists an effective
alternative remedy locally.
7.
The Committee therefore decides:
(a)
That the communication is inadmissible under article 22, paragraph 5 (b), of
the Convention;
(b)
That this decision may be reviewed under rule 116, paragraph 2, of the
Committee’s rules of procedure upon receipt of a request by or on behalf of the
complainant containing information to the effect that the reasons for inadmissibility no
longer apply;
(c)
That this decision shall be communicated to the complainant and to the State
party.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
2
See communication No. 365/2008, S.K and R.K. v. Sweden, decision adopted on 21 November 2011,
para. 11.3.
7