CAT/C/55/D/530/2012
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-fifth session)
concerning
Communication No. 530/2012*
Submitted by:
X, Y and their daughter Z (represented by
counsel, Tatsiana Turgot)
Alleged victims:
The complainants
State party:
Sweden
Date of complaint:
9 November 2012 (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 4 August 2015,
Having concluded its consideration of complaint No. 530/2012, submitted to it by X,
Y and their daughter Z, under article 22 of the Convention,
Having taken into account all information made available to it by the complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention against Torture
1.1
The complainants are Mr. X (the first complainant) and his wife Ms. Y (the second
complainant), both Belarusian nationals, born in 1978 and in 1973, respectively. They
submit the complaint on their behalf and on behalf of their daughter Z, also a Belarusian
national, born in 2011. They sought asylum in Sweden, their request was rejected and they
risk being expelled to Belarus. They claim that their expulsion to Belarus by Sweden would
constitute a breach of article 3 of the Convention against Torture. The complainants are
represented by counsel.
1.2
On 26 November 2012, the Committee, acting through its Rapporteur on new
complaints and interim measures, rejected the complaints’ request for interim measures. On
8 February 2013, the complainants reiterated their request for interim measures submitting
new arguments and documents. On 14 February, after reviewing the case, the Committee,
acting through its Rapporteur on new complaints and interim measures, maintained its
decision not to issue a request for interim measures in the present case.
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer, Abdoulaye
Gaye, Claudio Grossman, Jens Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
2