CAT/C/67/D/828/2017

United Nations

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

Distr.: General
2 September 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 828/2017*, **
Communication submitted by:

B.K. (represented by counsel, Ange Sankieme
Lusanga)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

5 June 2017 (initial submission)

References:

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

Date of present decision:

24 July 2019

Subject matter:

Removal to the Democratic Republic of the
Congo

Procedural issue:

Insufficient substantiation of claims

Substantive issue:

Risk of torture

Article of the Convention:

3

1.1
The complainant is B.K., a national of the Democratic Republic of the Congo, born
on 28 September 1993. He applied for asylum in Switzerland, but his application was
denied on 23 May 2017. At the time of submission of his complaint, he was under an
expulsion order to the Democratic Republic of the Congo and considered that expulsion
would constitute a violation by Switzerland of article 3 of the Convention. The complainant
is represented by counsel, Ange Sankieme Lusanga.
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.
Facts as presented by the complainant
2.1
The complainant was a human rights defender in the Democratic Republic of the
Congo. He visited prisons and then reported on the situation of the rights of prisoners. He

* Adopted by the Committee at its sixty-seventh session (22 July–9 August 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 and Sébastien Touzé.

GE.19-14950 (E)

011019 021019

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