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BEFORE: |
CHAIRMAN: Mr. Peter Burns(Canada)
VICE-CHAIRMEN: Mr. Guibril Camara (Senegal), Mr. Alejandro Gonzalez
Poblete (Chile), Mr. Yu Mengjia (China)
RAPPORTEUR: Mr. Sayed Kassem El Masry (Egypt)
MEMBERS: Ms. Felice Gaer (United States), Mr. Andreas Mavrommatis
(Cyprus), Mr. Antonio Silva Henriques Gaspar (Portugal), Mr. Ole
Vedel Rasmussen (Denmark), Mr. Alexander M. Yakovlev (Russian
Federation)
All the members attended the twenty-fourth sessions of the
Committee, except Mr. Silva Henriques Gaspar who attended for two of
the three weeks of the twenty-fourth session. |
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Applicant: |
A.G. |
Respondent: |
Sweden |
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Perma
Link: |
https://www.worldcourts.com/cat/eng/decisions/2000.05.02_AG_v_Sweden.htm |
Citation: |
A.G. v. Sweden, Comm. 140/1999, U.N.
Doc. A/55/44, at 190 (CAT 2000) |
Publication: |
Report of the Comm. against Torture, U.N. GAOR, 55th
Sess., Supp. No. 44, U.N. Doc. A/55/44, Annex VIII, B, at 190 (May
19, 2000) |
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The Committee
against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 2 May 2000,
Adopts the following:
Decision on Admissibility
1. The author of the communication is Mr. A.G., born on 21 March 1967, an
asylum-seeker of Moldovan origin, currently residing in Sweden. The author
claims that he would risk torture if he is returned to the Republic of
Moldova and that his forced return to that country therefore would
constitute a violation by Sweden of article 3 of the Convention. The author
is not represented by counsel.
The Facts as Presented by the Author
2.1 The author states that in December 1991, following the fall of the
Soviet Union and the independence of Moldova, he became active in the Union
of Moldovans of Transnistria. The author joined the Transnistrian
independence army in May 1992 and received training first in Tiraspol and
then in Bender, where he took part for several months in fighting against
the Moldovan army. The author was allegedly arrested on 20 June 1992 by the
Moldovan police, presumably for armed resistence. The author claims that he
managed to escape after a few days, when the police station was attacked by
the Transnistrian independence army.
2.2 In August 1992 the author and many others deserted from the Bender
guards, since in the author's view the unit had become too independent in
its attempts to provoke continued fighting with the Moldovan army despite
ongoing peace negotiations with the Transnistrian independence army. The
author claims that he stayed with a friend in Tiraspol, in order to hide
from both the Moldovan and local Transnistrian police, who cooperated in
their search for members of the Bender guards.
2.3 The author claims that he was again arrested in November 1992 and
eventually brought to the Osjtj 29-11 prison in Balti, in the north of
Moldova. The author was unofficially told that he was arrested because of
his service in the Bender guards. He was allegedly held for almost three
years without trial. The author submits that while in prison he was
repeatedly subjected to abusive and degrading ill-treatment. He was
allegedly beaten by other prisoners between 40 and 50 times, which resulted
in loss of consciousness on several occasions. The prison guards not only
ignored his treatment by the other prisoners, but instigated and contributed
to it, and occasionally put him in a solitary confinement cell. The author
further submits that the prison guards also mistreated him by beating and
kicking him, mainly on the head.
2.4 In August 1993, the author was sentenced to 13 years in prison,
presumably for treason, illegal possession of weapons and resisting arrest.
Two years later, in August 1995, the author was again brought to court as a
witness in another trial and managed to escape from the three prison guards
escorting him. The author arrived in Sweden, via Ukraine, Russia and
Finland, on 15 December 1995 and applied for asylum the following day.
2.5 On 21 October 1996 the Swedish Board of Immigration rejected the
author's request. The author appealed the decision to the Aliens Appeal
Board and following an additional oral hearing with the author on 5 February
1999 the appeal was rejected on 18 March 1999.
Complaint
3. With reference to the facts presented, the author fears that he will be
subjected to renewed torture if he is returned to Moldova and that his
forced return would therefore constitute a breach by Sweden of article 3 of
the Convention.
State Party's Observations on Admissibility
4.1 On 22 June 1999 the Committee transmitted the communication to the State
party for comment. In its submission of 16 August 1999, the State party
contested the admissibility of the author's communication with reference to
article 22, paragraph 5 (a), of the Convention.
4.2 The State party informed the Committee that on 21 March 1999 the author
had submitted a complaint relating to his expulsion to the European Court of
Human Rights, which was registered as a case pending before the Court on 3
May 1999. The State party submits that the Committee should declare the
communications inadmissible in accordance with the above mentioned article,
which states that the Committee shall not consider any communication if the
same matter is being, or has been examined under another procedure of
international investigation or settlement.
Author's Comments on Admissibility
5. On 6 September 1999, the Committee transmitted the State party's
observations regarding the question of admissibility to the author for his
comments. The author has not submitted any additional information disputing
or confirming the observations of the State party.
Issues and Proceedings Before the Committee
6.1 Before considering any claim in a communication, the Committee against
Torture must decide whether or not a communication is admissible under
article 22 of the Convention.
6.2 In the light of the State party's observations and the absence of
response on the part of the author thereto, the Committee has verified and
assured itself that a complaint from the author was in fact registered by
the European Court on 3 May 1999. The Committee notes that the author's
communication before it was registered on 22 June 1999, while already
pending examination under another procedure of international investigation
or settlement.
7. Accordingly, the Committee Decides:
(a) That the communication is inadmissible in accordance with article 22,
paragraph 5 (a) of the Convention;
(b) That this decision may be reviewed under rule 109 of the Committee's
rules of procedure upon receipt of a request by or on behalf of the author
containing information to the effect that the reasons for inadmissibility no
longer apply;
(c) That this decision shall be communicated to the State party and the
author.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Annex IX
List of documents for general distribution issued during the reporting
period
A. Twenty-third session
Symbol Title
CAT/C/17/Add.21 Second periodic report of Austria
CAT/C/29/Add.6 Second periodic report of Malta
CAT/C/32/Add.3 Initial report of Uzbekistan
CAT/C/39/Add.3 Initial report of Azerbaijan
CAT/C/39/Add.1 Third periodic report of Peru
CAT/C/42/Add.1 Initial report of Kyrgyzstan
CAT/C/44/Add.6 Third periodic report of Finland
CAT/C/51 Provisional agenda and annotations
CAT/C/SR.391-409 Summary records of the twenty-third session of the
Committee
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