A/71/44
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
64.
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 68
complaints, of which 50 were granted by the Rapporteur on new complaints and interim
measures, who regularly monitors compliance with the Committee’s requests for interim
measures.
C.
Progress of work
65.
At the time of adoption of the present report, the Committee had registered, since
1989, 749 complaints concerning 36 States parties. 12 Of those, 216 complaints had been
discontinued and 80 had been declared inadmissible. The Committee had adopted final
decisions on the merits on 294 complaints and found violations of the Convention in 119 of
them. One hundred and fifty-nine complaints were pending for consideration. All the
Committee’s decisions on merits as well as those declaring a complaint inadmissible can be
found in the treaty body case law database (http://juris.ohchr.org/) as well as from the
OHCHR website (www2.ohchr.org) and from the Official Document System of the United
Nations (http://documents.un.org).
66.
At its fifty-fifth session, the Committee adopted decisions on the merits in respect of
communications No.: 575/2013, Ntahiraja v. Burundi, No. 554/2013, X. v. Kazakhstan, No.
500/2012, Martínez v. Mexico, No. 494/2012, H.B. v. Algeria, No. 522/2012, Gahungu v.
Burundi, No. 553/2013, X. v. Burundi, No. 505/2012, P.S.B. and T.K. v. Canada, No.
530/2012, X.,Y. & Z. v. Sweden, No. 571/2013, M.S. v. Denmark, No. 555/2013, Z. v.
Denmark, and No. 566/2013, M.A. & M.N. v. Sweden.
67.
The Committee found that the forcible return of the complainants would constitute a
violation by the States parties of article 3 of the Convention in its decisions on
communications No. 505/2012, P.S.B. and T.K. v. Canada, and No. 554/2013, X. v.
Kazakhstan. 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. 530/2012, X.,Y. & Z. v. Sweden, No. 571/2013, M.S. v. Denmark, No.
555/2013, Z. v. Denmark, and No. 566/2013, M.A. & M.N. v. Sweden.
68.
In its decisions on communications No. 522/2012, Gahungu v. Burundi, No.
553/2013, X. v. Burundi, and No. 575/2013, Ntahiraja v. Burundi, the Committee found
violations of article 1; article 2 (1), read in conjunction with article 1; articles 11-14; and
article 16 of the Convention. The above communications concerned individuals who had
been tortured while in pretrial detention and then imprisoned in inhuman conditions. In
_________________
12
14
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.
GE.16-13567
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