CAT/C/66/D/829/2017

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
25 July 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 829/2017*, **, ***
Communication submitted by:

C.F.T. (represented by counsel, Danielle Mamin
of Coordination Asile-Migration Riviera)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

5 June 2017

Document references:

Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 22 June 2017 (not issued in
document form)

Date of decision:

6 May 2019

Subject matter:

Deportation to Benin

Procedural issues:

None

Substantive issues:

Risk of torture if deported (non-refoulement)

Articles of the Convention:

3 and 22

1.1
The complainant is C.F.T., a Beninese national born in 1979. He claims that his
deportation to Benin would constitute a violation of article 3 of the Convention by
Switzerland. The complainant is represented by counsel, Danielle Mamin of Coordination
Asile-Migration Riviera.
1.2
On 22 June 2017, the Committee, acting through its Rapporteur on new complaints
and interim measures, decided not to accede to the complainant’s request for interim
measures.
1.3
On 12 April 2018, on the basis of additional information from the counsel, dated 9
September 2017, the Committee against Torture, acting through its Rapporteur on new
complaints and interim measures, requested the State party to refrain from deporting the
complainant to Benin while his complaint was being considered by the Committee. On 19
April 2018, the State party informed the Committee that the complainant’s deportation to
Benin had been suspended pending the Committee’s decision on the complaint.

* Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019).
** 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.
*** The text of the dissenting opinion of Abdelwahab Hani is appended to the present document.

GE.19-12653 (E)

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