A/74/44
58.
The Committee also found three communications, Nakawunde v. Canada
(CAT/C/64/D/615/2014), A.B. v. Germany (CAT/C/64/D/727/2016) and J.O. v. Georgia
(CAT/C/64/D/730/2016), inadmissible, and discontinued the consideration of X. v. Ukraine
(CAT/C/64/D/451/2011), P.S. v. Canada (CAT/C/64/D/656/2015), A.S. v. Canada
(CAT/C/64/D/689/2015), M.S. v. Canada (CAT/C/64/D/694/2015), V.K. and S.K. v.
Switzerland (CAT/C/64/D/724/2016), M.A.A. v. Denmark (CAT/C/64/D/733/2016), A.E.M.
v. Australia (CAT/C/64/D/803/2017) and N.A.A. et al. v. Switzerland
(CAT/C/64/D/814/2017).
59.
At its sixty-fifth session, on 30 November 2018, the Committee held an exchange of
views with the European Court of Human Rights, represented by Judge Ganna Yudkivska,
the African Court on Human and Peoples’ Rights, represented by Judge Rafâa Ben Achour
(via videoconference) and the Inter-American Court of Human Rights, represented by
Carlos E. Gaio (via videoconference). At that meeting, which was generously supported by
the International Institute of Human Rights, participants discussed universal civil
jurisdiction and the right to a remedy for acts of torture and ill-treatment, particularly the
respective jurisprudence. During the session, the Committee adopted decisions on the
merits in respect of nine communications. In Harun v. Switzerland
(CAT/C/65/D/758/2016), the Committee concluded that the return of the complainant to
Italy by the State party would constitute a violation of article 3 of the Convention. In Yrusta
and Yrusta v. Argentina (CAT/C/65/D/778/2016), the Committee found that the victim had
been subjected to torture, in violation of article 2 (1), read in conjunction with article 1, and
articles 11 to 14 of the Convention. In M.G. v. Switzerland (CAT/C/65/D/811/2017 and
Corr.1), the Committee concluded that the return of the complainant to Eritrea by the State
party would violate 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 S. v. Sweden (CAT/C/65/D/691/2015), S.H. v.
Australia (CAT/C/65/D/761/2016), X. v. Switzerland (CAT/C/65/D/765/2016), E.T. v.
Netherlands (CAT/C/65/D/801/2017), Y.G. v. Switzerland (CAT/C/65/D/822/2017) and
A.M. v. Switzerland (CAT/C/65/D/841/2017).
60.
The Committee also found two communications, T.T.P. v. Australia
(CAT/C/65/D/756/2016) and F.K.A. v. Canada (CAT/C/65/D/784/2016), inadmissible and
discontinued the consideration of B.M. v. Switzerland (CAT/C/65/D/584/2014), A.S. v.
Canada (CAT/C/65/D/679/2015), K.B. v. Canada (CAT/C/65/D/739/2016), M.A. v.
Sweden (CAT/C/65/D/796/2017) and A.M. v. Sweden (CAT/C/65/D/859/2018).
61.
At its sixty-sixth session, the Committee adopted decisions on the merits in respect
of nine communications. In I.A. v. Sweden (CAT/C/66/D/729/2016), Erdoğan v. Morocco
(CAT/C/66/D/827/2017), Onder v. Morocco (CAT/C/66/D/845/2017) and Ayden v.
Morocco (CAT/C/66/D/846/2017), the Committee found that the forcible return or
extradition of the complainants would constitute a violation by the States parties of article 3
of the Convention. In the three cases against Morocco, the Committee found that the State
party had an obligation to assess the risk of torture and ill-treatment when considering
extradition requests. The Committee found that the forcible return or extradition of the
complainants would not constitute a violation by the States parties of article 3 of the
Convention in its decisions on M.J.S. v. Netherlands (CAT/C/66/D/757/2016), J.M. v.
Netherlands (CAT/C/66/D/768/2016), J.I. v. Netherlands (CAT/C/66/D/771/2016), X and Y
v. Switzerland (CAT/C/66/D/776/2016) and C.F.T. v. Switzerland (CAT/C/66/D/829/2017).
62.
The Committee also found two communications, A v. Australia
(CAT/C/66/D/749/2016) and B v. Switzerland (CAT/C/66/D/820/2017), inadmissible, and
discontinued the consideration of M.Z. v. Australia (CAT/C/66/D/624/2014), C.R.R. v.
Denmark (CAT/C/66/D/735/2016), K and K v. Netherlands (CAT/C/66/D/760/2016), R v.
Australia (CAT/C/66/D/766/2016), L.K. v. Australia (CAT/C/66/D/772/2016); R.D. et al. v.
Canada (CAT/C/66/D/777/2016), K.T. v. Australia (CAT/C/66/D/788/2016), M.B. v.
Switzerland (CAT/C/66/D/797/2017) and T v. Sweden (CAT/C/66/D/825/2017).
13
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