CAT/C/54/D/476/2011
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-fourth session)
concerning
Communication No. 476/2011 *
Submitted by:
E.C. (represented by counsel, Mr. Christoph
von Blarer of Anlaufstelle Baselland)
Alleged victim:
E.C.
State party:
Switzerland
Date of complaint:
18 August 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 21 April 2015,
Having concluded its consideration of communication No. 476/2011, submitted
by E.C. 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 and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1 The complainant, Mr. E.C., is a Gambian national born on 8 May 1979. In his
communication dated 18 August 2011, 1 he claims that his deportation from
Switzerland to the Gambia would constitute a violation of article 3 of the Convention
against Torture. The complainant is represented by counsel.
1.2 On 7 September 2011, in application of rule 114, paragraph 1, of its rules of
procedure, the Committee asked the State party not to deport the complainant to the
Gambia while his complaint was being considered.
The facts as submitted by the complainant
2.1 The complainant states that he is a former soldier of the Gambian National
Army. He claims to have been involuntarily involved in the coup attempt against the
President of the Gambia on 21 March 2006, when he was working as a rank-and-file
soldier with the job of “signalling” 2 at the presidential palace and the President was
away on an official visit to Mauritania. During the attempted coup, the then Chief of
__________________
* The following members of the Committee participated in the examination of the present
1
2
2/8
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer, Abdoulaye
Gaye, Jens Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
Supplemented by submissions dated 29 August 2011 and 5 September 2011.
Responsible for liaison and communications.
GE.15-11116