CAT/C/41/D/285/2006
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER
ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND
OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Forty-first session
concerning
Communication No. 285/2006
Submitted by:

A.A. et al. (represented by counsel)

Alleged victims:

The complainants

State party:

Switzerland

Date of complaint:

9 January 2006

The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 10 November 2008,
Having concluded its consideration of complaint No. 285/2006, submitted to the
Committee against Torture by A.A. et al. under article 22 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant and the
State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against Torture
1.
The complainant, A.A., an Algerian national of Palestinian origin born in 1971, is currently
awaiting deportation from Switzerland. His complaint is also submitted on behalf of his wife and
their five children, born between 2001 and 2007. He claims that their forced return to Algeria
would constitute a breach by Switzerland of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel.
The facts as presented by the complainants
2.1 In 1997, the complainant was working as a bodyguard for K.A., a very influential retired
Algerian army general. One day, on arriving at the General’s home, he found the General and
several other persons gathered around a corpse. The General threatened him if he did not remain

Select target paragraph3