CAT/C/45/D/373/2009
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-fifth session)
concerning
Communication No. 373/2009
Submitted by:
Munir Aytulun, and Lilav Guclu (represented by
counsel, Ingerman Sahlstrom)
Alleged victim:
The complainant
State party:
Sweden
Date of the complaint:
27 January 2009 (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 19 November 2010,
Having concluded its consideration of complaint No. 373/2009, submitted to the
Committee against Torture by Munir Aytulun and Lilav Guclu 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 complainants are Mr. Munir Aytulun, born in 1965 and his daughter Ms. Lilav
Güclü, born in 2007, both citizens of Turkey of Kurdish ethnicity. They are currently in
Sweden, awaiting deportation to Turkey. Their deportation was initially scheduled for the
end of February 2009 They claim that the first-named complainant’s deportation to Turkey
would constitute a violation by Sweden of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainants are
represented by counsel, Ingemar Sahlstrom. The wife of the first-named complainant
submitted a similar complaint to the Committee against Torture registered as case No.
349/2008, Mukerrem Güclü v Sweden.
1.2 Under rule 108, paragraph 1, of the Committee’s rules of procedure, the Committee
requested the State party, not to expel the complainants to Turkey while their complaint
was under consideration by the Committee.
2