CAT/C/62/D/710/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
1 February 2018
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 710/2015*, **
Submitted by:
Aref Mohammed Abdulkarim (represented by
counsel, Mr. Tarig Hassan)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
3 November 2015 (initial submission)
Date of present decision:
6 November 2017
Subject matter:
Deportation to the Sudan
Procedural issues:
Non-exhaustion of domestic remedies
Substantive issues:
Non-refoulement
Articles of the Convention:
3, 22
1.1
The complainant is Mr. Aref Mohammed Abdulkarim, a Sudanese national born on
6 July 1980. He applied for asylum in Switzerland and his application was rejected. He
claims that his deportation to the Sudan by Switzerland would lead to a violation of article
3 of the Convention. The complainant is represented by counsel, Mr. Tarig Hassan.
1.2
On 4 November 2015, pursuant to rule 114 of its rules of procedure, the Committee
requested the State party not to deport the complainant to the Sudan while his complaint
was being considered. On 9 November 2015, the State party informed the Committee that,
in accordance with its established procedure, the Federal Office for Migration had
requested the competent authority not to take any steps to deport the complainant. He was
thus assured that he could stay in Switzerland while his communication was being
considered by the Committee and that the suspensive effect would not be removed.
1.3
On 16 February 2016, at the request of the State party, the Committee, acting
through its Rapporteur on new complaints and interim measures, decided to examine the
admissibility of the communication separately from the merits.
The facts as submitted by the complainant
2.1
The complainant lived in Khartoum and studied at the Sudanese University of
Science and Technology from 2005 to 2007. During his studies, he became a member of the
* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.18-01489 (E)
200318 200318