CAT/C/71/D/807/2017

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
6 September 2021
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 807/2017*, **
Communication submitted by:

X and Y (not represented by counsel)1

Alleged victims:

The complainants

State party:

Switzerland

Date of complaint:

27 September 2016 (initial submission)

Document references:

Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 21 February 2017 (not
issued in document form)

Date of adoption of decision:

19 July 2021

Subject matter:

Deportation to the Islamic Republic of Iran

Procedural issues:

None

Substantive issue:

Risk of torture or other cruel, inhuman or
degrading treatment if deported to country of
origin

Article of the Convention:

3

1.1
The complainants are X, an Iranian national born on 21 May 1987, and her father, Y,
also an Iranian national, born on 21 March 1950. X and Y arrived in Switzerland on 31
October 2011 and 15 November 2011, respectively, and each applied for asylum on the day
of their arrival. Their asylum applications were rejected on 8 August 2014. The complainants
then filed an appeal with the Federal Administrative Court, but this appeal was also rejected,
on 26 November 2015. Their final appeals were rejected on 7 July 2016. The complainants
are thus subject to an order of deportation to the Islamic Republic of Iran and consider that
their deportation would constitute a violation by the State party of article 3 of the Convention.
The State party made the declaration under article 22 (1) of the Convention on 2 December
1986. The complainants were not represented by counsel at the time of the initial submission
but subsequently retained counsel.
1.2
On 21 February 2017, in accordance with rule 114 of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures,
requested the State party to refrain from deporting the complainants to the Islamic Republic
* Adopted by the Committee at its seventy-first session (12–30 July 2021).
** The following members of the Committee participated in the examination of the communication:
1

Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing.
The complainants subsequently retained counsel, whose power of attorney was revoked on 19 April
2021.

GE.21-12363 (E)

211021 221021

Select target paragraph3