CAT/C/66/D/776/2016

United Nations

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

Distr.: General
5 August 2019
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication
No. 776/2016*, **, ***
Communication submitted by:

X and Y (represented by counsel Marcel Zirngast)

Alleged victims:

The complainants

State party:

Switzerland

Date of complaint:

19 October 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 25 October 2016 (not issued
in document form)

Date of adoption of decision:

23 April 2019

Subject matter:

Deportation to Pakistan

Procedural issue:

None

Substantive issue:

Risk to life or risk of torture or inhuman or
degrading treatment, if deported to country of
origin (non-refoulement)

Articles of the Convention:

3 and 22

1.1
The complainants are X and Y, nationals of Pakistan born in 1966 and 1973,
respectively. Following the rejection of their asylum application in Switzerland, they claim
that the State party would violate their rights under article 3 of the Convention if it forcibly
removed them to Pakistan. The complainants are represented by counsel, Marcel Zirngast.
1.2
On 26 October 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 to refrain from expelling the complainants while their complaint was being
considered. On 31 October 2016, the State party reported that the complainants’ removal
had been suspended in accordance with the Committee’s request. On 4 December 2017, the

* 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, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
*** An individual opinion by Committee member Abdelwahab Hani (dissenting) is annexed to the present
decision.

GE.19-13276(E)

200819

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260819

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