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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