CAT/C/20/D/48/1996 page 3 3.1 By a letter dated 17 May 1996, the Committee transmitted the communication to the State Party for its comments on its admissibility. 3.2 It appears from a letter from the author dated 22 October 1996 that he is now living in Ireland, where he has filed a request for asylum. 3.3 By a letter dated 17 April 1998, the State Party requested the Committee to declare the communication inadmissible on the ground that it had become irrelevant. The State Party observed that, after being informed of the deposit of the communication with the Committee, ODR decided on 10 May 1996 not to expel the author from Switzerland. The author nonetheless left Switzerland, arriving on 3 July 1996 in Ireland and filing an application for asylum there. Furthermore, he has authorized the Irish authorities to contact the competent Swiss authorities to obtain from them documents he needs in connection with the new asylum proceedings. The State Party argues that it can therefore be considered that it is in Ireland that the author now wishes to obtain asylum. 3.4 Given that the author left Switzerland nearly two years ago and has since been involved in formalities aimed at obtaining asylum in another country, the State Party believes that the question of incompatibility of the ODR decision of 19 January 1993 to expel the author from Switzerland with article 3 of the Convention is of no practical or topical interest. 3.5 In his comments of 8 May 1998, the author's Swiss counsel points out that, although the author was indeed informed that ODR authorized him to remain in Switzerland, the formal notification of the decision indicated that the authorization was valid only until 30 June 1996. He explains that, in view of the absence of any request pursuant to rule 108, paragraph 9, of the Committee's rules of procedure, the author panicked and left Switzerland. The author had alleged that the cantonal police had orally warned him that, unless he left Switzerland within two weeks, they would take him to the Syrian Consulate General so that he might obtain a travel document. 3.6 The counsel's view is that, since the author could not legally have remained in Switzerland to await the outcome of the proceedings before the Committee, the State Party cannot reasonably maintain that those proceedings have become irrelevant because the author filed an application for asylum in Ireland in July 1996. The counsel observes that that application is still pending and that the question of the incompatibility of the author's forced return with article 3 of the Convention is therefore very definitely of practical and topical interest. He states that, because of an article in the press, the author no longer feels safe in Dublin and would like to return to Switzerland. Issues and proceedings before the Committee 4.1 Before considering any of the allegations in a communication, the Committee Against Torture must decide whether or not the communication is admissible under article 22 of the Convention.

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