CAT/C/39/D/299/2006
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-ninth session
Concerning
Communication No. 299/2006
Submitted by:

Jean Patrick Iya (represented by counsel,
Mr. Guido Ehrler)

Alleged victim:

The complainant

State party:

Switzerland

Date of the complaint:

27 June 2006 (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 16 November 2007,
Having concluded its consideration of complaint No. 299/2006, submitted to the
Committee against Torture on behalf of Mr. Jean Patrick Iya under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention
against Torture.
1.1 The complainant is Jean Patrick Iya, a national of the Democratic Republic of the
Congo born in 1968 and facing deportation from Switzerland to his country of origin.
He claims that his deportation would constitute a violation by Switzerland of article 3 of
the Convention. He is represented by counsel, Mr. Guido Ehrler.
1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party's attention on 21 December 2006.1 At the same
time the Committee, pursuant to rule 108, paragraph 1, of its rules of procedure,
1

On 14 July 2006, the complaint was mistakenly brought to the attention of the
Permanent Mission of the Democratic Republic of the Congo in Geneva. The mistake
was discovered in early December 2006 and immediately corrected.

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