CAT/C/65/D/758/2016

United Nations

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

Distr.: General
8 February 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 758/2016*, **, ***
Communication submitted by:

Adam Harun (represented by counsel, Ms.
Gabriella Tau and Mr. Boris Wijkström)

Alleged victim:

The complainant

State party:

Switzerland

Date of communication:

8 July 2016 (initial submission)

Date of present decision:

6 December 2018

Subject matter:

Deportation to Italy

Procedural issues:

Failure to sufficiently substantiate claims;
inadmissibility ratione materiae

Substantive issues:

Risk of torture; right to redress; cruel, inhuman
or degrading treatment or punishment

Articles of the Convention:

3, 14 and 16

1.1
The complainant is an Ethiopian citizen born on 28 September 1990. He is facing
deportation to Italy and considers that his removal would constitute a violation by
Switzerland of articles 3, 14 and 16 of the Convention. He is represented by Gabriella Tau
and Boris Wijkström of the Centre suisse pour la défense des droits des migrants.
1.2
On 13 July 2016, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party to refrain from deporting the complainant to
Italy while his complaint was being considered by the Committee.
The facts as presented by the complainant
2.1
The complainant has been a political advocate for the Oromo cause since 2005,
when his sister was killed by hanging at Mekelle University. In 2006, he joined the Oromo
Liberation Front, a political party that campaigns for Oromo rights in Ethiopia. He
conducted awareness-raising activities among young people and farmers and, while
studying medicine, was in charge of the party’s student wing at the Arat Kilo university

* Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018).
** The following Committee members took part in the consideration of the communication: Essadia
Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
*** The text of an individual (dissenting) opinion of Committee member Abdelwahab Hani is appended
to the present decision.

GE.19-01969 (E)

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