Convention, pursuant to which a State party shall take the necessary measures to
establish its jurisdiction over the offences referred to in article 4 "when the victim
is a national of that State if that State considers it appropriate". The Committee
considers this provision to establish a discretionary faculty rather than a mandatory
obligation to make, and insist upon, an extradition request. Accordingly, the
complaint falls ratione materiae outside the scope of the articles of the Convention
invoked by the complainant.
7. The Committee against Torture consequently decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the State party and to the
complainant.
____________________
* The following members of the Committee participated in the examination of the
present complaint: Peter Burns, Guibril Camara, Sayed El-Masry, Alejandro
Gonzalez Poblete, Andreas Mavrommatis, Ole Rasmussen, Alexander Yakovlev
and Yu Mengjia. Pursuant to Rule 103, paragraph (1) (c), of the Committee's Rules
of Procedure, Mr. Fernando Mariño Menendez did not participate in the
consideration of this case.
** Pursuant to Rule 113 of the Committee's Rules of Procedure, an individual
opinion signed by one Committee member is appended.
[Done in English, French, Russian and Spanish, the English, French and Spanish
texts being the original versions.]
Individual opinion
dissenting in part
of
Committee
member
Mr.
Guibril
Camara,
I share the ultimate conclusion of the Committee that this case is inadmissible, but
only on the basis of some of the reasons advanced by the majority of the
Committee. I fully subscribe to the majority's reasoning as set out in paragraphs 6.4