CAT/C/53/D/450/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-third session)
concerning
Communication No. 450/2011
Submitted by:
Ali Fadel (represented by counsel, Tarig
Hassan of Advokatur Kanonengasse)
Alleged victim:
Ali Fadel
State party:
Switzerland
Date of complaint:
3 February 2011 (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 14 November 2014,
Having concluded its consideration of communication No. 450/2011, submitted to
the Committee against Torture on behalf of Ali Fadel 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 Ali Fadel, a Yemeni national born on 1 January 1984 and
residing in Switzerland. He claims that his deportation to Yemen would constitute a
violation by Switzerland of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. The complainant is represented by
counsel, Tarig Hassan, of Advokatur Kanonengasse.
1.2
On 8 February 2011, the Rapporteur on new complaints and interim measures
decided to request interim measures from the State party to suspend the complainant’s
deportation to Yemen.
The facts as submitted by the complainant
2.1
The complainant belongs to the low-status Akhdam caste, who account for 2–5 per
cent of the population in Yemen and who face many forms of social and economic
discrimination. At the age of 14, he left his home village, Al Geydel, and moved to the
town of Ta’iiz. There, he obtained a false identity card to conceal his Akhdam background
and was recruited to work with a shopkeeper who was unaware that he belonged to the
caste.
2
GE.15-00369