CAT/C/46/D/399/2009 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: Restricted* 1 July 2011 English Original: French Committee against Torture Forty-sixth session 9 May–3 June 2011 Decision Communication No. 399/2009 Submitted by: F.M-M. (represented by counsel, Bureau de conseil pour les Africains francophones de la Suisse (Office of Counsel for Frenchspeaking Africans in Switzerland) (BUCOFRAS)) Alleged victim: The complainant State party: Switzerland Date of complaint: 9 September 2009 (initial submission) Date of decision: 26 May 2011 Subject matter: Expulsion of the complainant to the Republic of the Congo Procedural issues: Exhaustion of domestic remedies Substantive issues: Non-refoulement Articles of the Convention: 3, 22, paragraph (b) Rules of Procedure: 107 (e) [Annex] * Made public by decision of the Committee against Torture. GE.11-43892 (E) 210711 220711

Select target paragraph3