CAT/C/66/D/757/2016

United Nations

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

Distr.: General
14 June 2016
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 757/2016*, **
Communication submitted by:

M.J.S. (represented by counsel, G.I. Dijkman)

Alleged victim:

The complainant

State party:

The Netherlands

Date of complaint:

10 February 2016 (initial submission)

Document references:

Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 13 July 2016 (not issued in
document form)

Date of present decision:

3 May 2019

Subject matter:

Risk of torture in the event of deportation to
country of origin (non-refoulement); prevention
of torture

Substantive issue:

Deportation of the complainant from the
Netherlands to Côte d’Ivoire

Procedural issues:

None

Articles of the Convention:

3 and 22

1.1
The complainant is M.J.S., a national of Côte d’Ivoire born in the Netherlands on 31
January 2015. She claims that her deportation to Côte d’Ivoire by the Netherlands would
violate her rights under article 3 of the Convention. The complainant is represented by
counsel.
1.2
On 13 July 2016, pursuant to rule 114 of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, requested the State
party not to expel the complainant while the communication was being considered by the
Committee.
The facts as presented by the complainant
2.1
The complainant’s mother unsuccessfully sought asylum in the Netherlands after she
was forced to marry a man in Côte d’Ivoire without her consent. When the complainant was
born, the mother applied for asylum on her daughter’s behalf since the baby risked being
* 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:
Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.

GE.19-09728(E)

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