CAT/C/23/D/107/1998
page 2
Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND
OTHER, CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Twenty-third session
concerning
Communication No. 107/1998
Submitted by:

K.M. [name deleted]
[represented by counsel]

Alleged victim:

The author

State party:

Switzerland

Date of communication:

23 February 1998

The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 16 November 1999,
Having concluded its consideration of communication No. 107/1998, submitted to the
Committee against Torture 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 author of the
communication and the State party,
Adopts the following decision:
1.1
The author of the communication is Mr. K.M., a Turkish citizen of Kurdish ethnic origin,
born in 1972, currently living in Switzerland where he has applied for asylum. His application,
however, has been rejected and he is at risk of expulsion. He alleges that his forced return to
Turkey would constitute a violation by Switzerland of article 3 of the Convention. He is
represented by counsel.

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