CAT/C/64/D/810/2017 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 14 September 2018 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 810/2017*, ** Draft recommendation proposed by the Rapporteur Communication submitted by: Naouel Gharsallah (represented by counsel, Fondation Alkarama) Alleged victim: Sami Gharsallah State party: Morocco Date of complaint: 28 February 2017 (initial submission) Date of decision: 3 August 2018 Subject matter: Extradition of the complainant’s husband to Tunisia Procedural issues: Exhaustion of domestic remedies; admissibility — non-substantiation Substantive issues: Risk of torture for political reasons upon extradition (non-refoulement) Article of the Convention: 3 1.1 The complainant is Naouel Gharsallah, a national of Tunisia born in 1970. She has submitted the complaint on behalf of her husband, Sami Gharsallah, a national of Tunisia born in Tunis in 1966. Mr. Gharsallah is currently being held in the Salé 1 prison in Morocco pending his extradition to Tunisia, where, he claims, he is at risk of being subjected to torture. The complainant states that the extradition of her husband, the alleged victim, would constitute a violation by Morocco of its obligations under article 3 of the Convention.1 She is represented by Fondation Alkarama. 2 1.2 In her complaint dated 28 February 2017, the complainant asked the Committee to take interim measures. On 6 March 2017, the Committee, pursuant to rule 114 of its rules of * Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018). ** The following Committee members took part in the consideration of the communication: Felice Gaer, 1 2 Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. In accordance with rule 109 of the Committee’s rules of procedure, Essadia Belmir and Abdelwahab Hani did not take part in the consideration of the communication. On 19 October 2006 Morocco declared that it recognizes the competence of the Committee to receive and consider individual communications under article 22 of the Convention. This entity has a power of attorney from the complainant. GE.18-15280 (E) 270918 021018 

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