CAT/C/62/D/721/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
27 March 2018
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 721/2015*, **
Submitted by:
J.B. (represented by counsel, Boris Wijkström
and Gabriella Tau)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
16 December 2015 (initial submission)
Date of decision:
17 November 2017
Subject matter:
Removal of complainant to Bulgaria
Procedural issues:
Lack of substantiation of claims; complaint
manifestly unfounded
Substantive issues:
Non-refoulement; risk of torture or cruel,
inhuman or degrading treatment or punishment
in the event of removal to Bulgaria under the
Dublin Regulation
Articles of the Convention:
3, 16
1.1
The complainant is J.B., an Afghan national of Tajik ethnicity, born in 1990. He
applied for asylum in Switzerland, but his application was rejected. He claims that his
forced removal to Bulgaria under the Dublin Regulation would constitute a violation by
Switzerland of article 3 of the Convention. He also alleges a violation of his rights under
article 16 of the Convention. The complainant is represented by counsel, Boris Wijkström
and Gabriella Tau.
1.2
On 18 December 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures requested the State party not to expel J.B. to Bulgaria
while his complaint was being considered by the Committee.
1.3
On 21 December 2015, the State party informed the Committee that, in accordance
with its established procedure, the State Secretariat for Migration had requested the
competent authority to refrain from taking any steps to remove the complainant, who is
therefore assured of remaining in Switzerland pending consideration of his complaint by
the Committee.
* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.18-04727 (E)
130418 160418