Decision; Subjects: AUSTRALIA, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]
Volltext (verifizierbarer Originaltext)
GE.26-09106 (E) 300626 300626 Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1225/2024*, ** Communication submitted by: M.M. (represented by Patrick Keyzer and Patrick McGee) Alleged victim: The complainant State Party: Australia Date of complaint: 14 October 2024 (initial submission) Substantive issue: Deprivation of liberty; torture 1. The communication was submitted by Patrick Keyzer and Patrick McGee on behalf of M.M. (the complainant), a national of Australia. The complainant alleged that he had been deprived of liberty on account of his intellectual or psychosocial disability for an indefinite period and in the absence of regular mandatory review, amounting to a violation by the State Party of his rights under articles 2, 12, 14 and 16 of the Convention. He further referred in detail to the length of his detention, the lack of necessary conditions for an appropriate diagnosis and the lack of a thorough assessment of his level of functioning, as well as the use of restrictive measures and medication without the consent of his guardians and the absence of practical means of appeal. He was represented at the time of submission. 2. On 25 October 2024, the communication was registered. The State Party was requested to provide its observations on the admissibility and merits of the communication by no later than 25 April 2025. The State Party requested two extensions; the last request granted extended the deadline to 31 October 2025. 3. On 10 July 2025, the State Party submitted that the complainant had passed away on 22 May 2025. 4. At a meeting on 17 April 2026, the Committee, noting the death of the complainant, decided to discontinue its consideration of communication No. 1225/2024.
* Adopted by the Committee at its eighty-fourth session (13 April–1 May 2026). ** The following members of the Committee participated in the examination of the communication: Jorge Contesse, Lorena González Pinto, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen, Maeda Naoko, Moulaye Abdallah Moulaye Abdallah, Ana Racu and Abderrazak Rouwane. United Nations CAT/C/84/D/1225/2024 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 1 July 2026 Original: English