CAT/C/37/D/259/2004
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. 259/2004
Submitted by:

M.N. (represented by counsel)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

10 December 2004 (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 17 November 2006,
Having concluded consideration of communication No. 259/2004, submitted by M.N.
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 draft decision under article 22, paragraph 7, of the Convention
against Torture.
1.1
The complainant is M.N., a Bangladesh national born on 2 June 1967, who is currently
awaiting expulsion from Switzerland. He claims that his deportation to Bangladesh would
constitute a violation by Switzerland of article 3 of the Convention against Torture. He is
represented by counsel. The Convention entered into force for Switzerland on 2 March 1987.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted
the communication to the State party on 17 December 2004. At the same time the Committee,
acting under rule 108, paragraph 1, of its rules of procedure, decided that interim measures of
protection, as sought by the complainant, were not justified in the circumstances.

Select target paragraph3