MBEMBA AGAINST AUSTRIA

Doc ref: 25664/94 • ECHR ID: 001-49627

Document date: November 20, 1995

Doc ref: 25664/94 • ECHR ID: 001-49627

Document date: November 20, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on

12 November 1994 by Mr Funsu Mbemba against Austria

(Application No. 25664/94);

Whereas on 22 June 1995 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the

Commission on 19 January 1995, the applicant complained that his

expulsion to Zaïre would expose him to a real risk of torture or

inhuman or degrading treatment in that country;

Whereas in its report adopted on 22 May 1995 the Commission

expressed, unanimously, the opinion that the expulsion of the

applicant would not be in violation of Article 3 (art. 3) of the

Convention;

Whereas, at the 549th meeting of the Ministers' Deputies held

on 17 November 1995, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that the expulsion of the applicant

would not be in violation of Article 3 (art. 3) of the Convention,

Declares that it has exercised its functions under Article 32

(art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

Lexploria AI Legal Assistant