CAT/C/48/D/364/2008
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-eighth session)
concerning
Communication No. 364/2008
Submitted by:
J.L.L.
Alleged victims:
The complainant and his children, A.N. and
M.L.
State party:
Switzerland
Date of complaint:
18 November 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 18 May 2012,
Having concluded its consideration of communication No. 364/2008, submitted to
the Committee against Torture by J.L.L. 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 against
Torture
1.
The complainant in the communication dated 18 November 2008 is Mr. J.L.L., born
on 20 May 1968, and his two minor children, A.N., born in 1995, and M.L., born in 2000,
who are nationals of the Democratic Republic of the Congo and currently residing in
Switzerland. He claims that their return from Switzerland to the Democratic Republic of the
Congo would violate article 3 of the Convention against Torture. The complainant is not
represented by counsel.
Factual background1
2.1
The complainant was born in Kinshasa to a Rwandan Tutsi father and a Congolese
mother. On 2 August 1998, during the attack on the Democratic Republic of the Congo by
Rwandan-backed rebels, the complainant, who was living in Kinshasa at the time, allegedly
1
2
In order to provide as comprehensive and coherent a factual background as possible, this section has
been based on both the initial complaint and on the court decisions and other documents contained in
the complainant’s case file.
GE.12-43679