CAT/C/78/D/1052/2021
Advance unedited version
Distr.: General
12 December 2023
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning Communication No. 1052/2021*, **
Submitted by:
H. U.
(represented by counsel, Marjaana Laine)
Alleged victim(s):
The complainant
State party:
Finland
Date of complaint:
27 January 2021 (initial submission)
Date of adoption of decision:
17 November 2023
Subject matter:
Deportation to the Democratic Republic of the
Congo of a person claiming to be at risk of torture
Substantive issue(s):
Non-refoulement
Procedural issue(s):
Admissibility; level of substantiation of claims
Article(s) of the Convention:
3
1.1
The complainant is H. U., a national of the Democratic Republic of the Congo (DRC).
She claims that the State party would violate her rights under article 3 of the Convention if it
removed her to the DRC. The State party has made the declaration pursuant to article 22 (1)
of the Convention, effective from 30 August 1989. The complainant is represented by
counsel.
1.2
On 31 May 2021, pursuant to rule 114 (1) of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, requested the State
party not to expel the complainant while the communication was being considered by the
Committee. In its submission to the Committee on 4 June 2021 the State party informed that
it followed the request.
1.3
On 19 August 2021, the Committee, acting through its Rapporteur on new complaints
and interim measures, decided to examine the admissibility of the communication together
with its merits.
Facts as submitted by the complainant
2.1
The complainant is a Christian woman, citizen of the DRC,. In 2014, she started to
work for an NGO focusing on investigation of the State’s responsibility for the
disappearances of “kulunas” (violent organized gangs). The investigation included the
analysis of links between the State’s response to the “kulunas”, the increasing disappearances
* Adopted by the Committee at its seventy-eighth session (30 October–24 November 2023).
** The following members of the Committee participated in the examination of the communication: Mr.
Todd Buchwald, Mr. Claude Heller, Mr. Erdogan Iscan, Mr. Huawen Liu, Ms. Naoko Maeda, Ms. Ilvija
Puce, Ms. Ana Racu, Mr. Bakhtiyar Tuzmukhamedov.
GE.