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  260819

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