CAT/C/40/D/311/2007 Page 2 ANNEX DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Fortieth session Concerning Communication No. 311/2007 Submitted by: M. X. (not represented by counsel) Alleged victim: The complainant State party: Switzerland Date of the complaint: 19 January 2007 (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 7 May 2008, Having concluded its consideration of complaint No. 311/2007, submitted to the Committee against Torture by M. X. 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 under article 22, paragraph 7, of the Convention against Torture. 1.1 The complainant is M. X., a Belarus national born in 1952. He applied for political asylum in Switzerland in 2002; his application was rejected in 2003. He claims that his forced removal to Belarus (or to Ukraine) would constitute a violation, by Switzerland, of his rights under article 3 of the Convention against torture. He is unrepresented. 1.2 When submitting his initial communication, the complainant requested the Committee to ask the State party not to proceed with his removal until his case was being considered. On 30 January 2007, the Special Rapporteur on New Communications and Interim Measures, acting on behalf of the Committee, decided not to accede to the complainant’s request for interim measures of protection. The facts as presented by the complainant 2.1 The complainant affirms that he was a political activist in Belarus since 1998 and as such he participated in several political demonstrations. He worked for a company that

Select target paragraph3