CAT/C/46/D/369/2008
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-sixth session)
concerning
Communication No. 369/2008
Submitted by:
E.C.B.
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
14 December 2008 (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 26 May 2011,
Having concluded its consideration of complaint No. 369/2008, submitted by E.C.B.
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, 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 E.C.B. of the Republic of the Congo, born on 10 January 1977.
He claims that his return to the Republic of the Congo would constitute a violation by
Switzerland of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. He is not represented by counsel. On 5 December
2009, the complainant designated Alfred Ngoyi wa Mwanza as his representative.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
transmitted the communication to the State party on 30 December 2008.
1.3
On 21 January 2009, based on new information obtained by the complainant, the
Rapporteur on new complaints and interim measures requested the State party not to deport
the complainant to the Republic of the Congo or to the Republic of Côte d’Ivoire while his
complaint was being considered by the Committee. He indicated that this request could be
reviewed in the light of information and comments received from the State party. On 23
January 2009, the State party informed the Committee that no steps to deport the
complainant would be taken while his communication was being considered by the
Committee.
2
GE.11-43871