CAT/C/64/D/742/2016

United Nations

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

Distr.: General
21 September 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 742/2016*, **
Submitted by:

A.N. (represented by counsel, Centre Suisse pour
la Défense des Droits des Migrants)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

12 April 2016 (initial submission)

Date of present decision:

3 August 2018

Subject matter:

Deportation to Italy

Procedural issues:

Insufficient substantiation of claims;
inadmissibility ratione materiae

Substantive issues:

Risk of torture; right to rehabilitation

Articles of the Convention:

3, 14 and 16

1.1
The complainant is A.N., a national of Eritrea born in 1987, who is subject to a
deportation order from Switzerland to Italy. He submitted a complaint on 11 April 2016,
which was added to on 2 February 2017. The complaint was registered on 21 April 2016.
He claims that his deportation would constitute a violation by the State party of his rights
under articles 3, 14 and 16 of the Convention. The complainant is represented by counsel.
1.2
On 6 February 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 while the complaint was being considered. On 13
February 2017, the State party informed the Committee that, in application of the request
for interim measures, the complainant would not be deported during the examination of the
communication.
The facts as presented by the complainant1
2.1
The complainant was living in Hagaz Province in Eritrea, where he was member of a
football team. Around January 2008, the players of another football team spent one night in
* Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018).
** The following members of the Committee participated in the examination of the communication:
1

Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
The account of events prior to the complainant’s arrival in Switzerland comes from the reconstruction
elaborated by the specialized trauma clinic for victims of torture and war at Geneva University
Hospitals, which was obtained during 12 months of therapy. It is contained in a report dated 14
December 2016.

GE.18-15680(E)

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