CAT/C/65/D/822/2017
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
7 February 2019
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 822/2017*, **
Communication submitted by:
Y.G. (represented by counsel, Urs Ebnöther)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
22 April 2017 (initial submission)
Date of present decision:
26 November 2018
Subject matter:
Expulsion to the Islamic Republic of Iran
Procedural issues:
None
Substantive issue:
Risk of torture upon return to country of origin
Article of the Convention:
3
1.1
The complainant is Y.G., a national of the Islamic Republic of Iran born on 21
September 1981. He applied for asylum in Switzerland, but his application was rejected. He
is facing deportation to the Islamic Republic of Iran and claims that his forced repatriation
would constitute a violation by Switzerland of article 3 of the Convention. He is
represented by counsel.
1.2
On 25 April 2017, pursuant to rule 114 of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, asked the State
party not to expel the complainant to the Islamic Republic of Iran while the complaint was
being considered.
The facts as submitted by the complainant
2.1
The complainant became interested in politics as a teenager, and his interest led him
to study international relations. He took part in a demonstration 10 days before the Iranian
presidential elections of 13 June 2009. He then participated in another demonstration that
was part of the Green Movement in Shiraz, on 8 February 2011. When the participants were
surrounded by civil servants and a unit of the Basij militia, the complainant lost his wallet
while trying to escape. When he realized what he had lost, he turned and saw police officers
behind him who had probably picked up his wallet. Subsequently, he was arrested on 12
February 2011 and held prisoner in an underground cell. On 15 February 2011, he was
* Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
GE.19-01888(E)