relevant requirements have recently been relaxed, the State party submits that
domestic remedies have not been exhausted in the present case.
5.
By submission of 10 November 1995, counsel claims that a "new application"
under chapter 2, section 5, of the Aliens Act would not be successful. In this
connection, she points out that an application has to be based on new
circumstances not previously considered and that only 5 per cent of "new
applications" succeed. Since the author’s request for asylum was refused on the
basis that the situation in Zaire had improved, she argues that a "new
application" on the basis of the new medical evidence would be rejected on the
same grounds.
6.
Before considering any claim in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the
Convention.
7.
Article 22, paragraph 5 (b), of the Convention precludes the Committee from
considering any communication, unless it has ascertained that all available
domestic remedies have been exhausted; this rule does not apply if it is
established that the application of domestic remedies has been or would be
unreasonably prolonged or would be unlikely to bring effective relief. In the
circumstances of the instant case, the Committee considers that the Swedish
domestic authorities should have an opportunity to evaluate the new evidence
submitted by the author, before the Committee examines the communication.
Moreover, on the basis of the information available, the Committee cannot
conclude that the available remedy of a "new application" would be a priori
ineffective.
8.
The Committee therefore decides:
(a)
That the communication is inadmissible;
(b) That this decision shall be communicated to the State party, to the
author and to her counsel.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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