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.
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