CAT/C/37/D/280/2005
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER
ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND
OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Thirty-seventh session
concerning
Communication No. 280/2005
Submitted by:
Gamal El Rgeig (represented by counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
15 September 2005 (initial submission)
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 15 November 2006,
Having concluded its consideration of communication No. 280/2005, submitted by
Gamal El Rgeig under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all the information made available to it by the complainant
and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture:
1.1
The complainant is Gamal El Rgeig, a Libyan national born in 1969, currently residing in
Switzerland where he submitted an application for asylum on 10 June 2003; the application was
rejected on 5 March 2004. He claims that his deportation to the Libyan Arab Jamahiriya would
constitute a violation by Switzerland of his rights under article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by
counsel.
1.2
On 16 September 2005, in accordance with rule 108, paragraph 1, of its rules of
procedure, the Committee, acting through its Rapporteur for new complaints and interim
measures, requested the State party to suspend the expulsion of the complainant while his
complaint was being considered. In a note verbale dated 27 October 2005, the State party
informed the Committee that it acceded to this request.