CAT/C/54/D/540/2013
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-fourth session)
concerning
Communication No. 540/2013 *
Submitted by:
C.S. (represented by counsel, Caroline
Meraldi, Centre de contact-Suisse.sse.sImmigré.e.s/SOS Racisme)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
15 March 2013 (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 8 May 2015,
Having concluded its consideration of communication No. 540/2013, submitted
on behalf of C.S. under article 22 of the Convention,
Having taken into account all information made available to it by the
complainant, his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1 The complainant is C.S., a Turkish national who was born on 1 January 1982. He
claims that his deportation to Turkey would constitute a violation by Switzerland of
article 3 of the Convention. He is represented by counsel, Ms. Caroline Meraldi
(Centre de contact-Suisse.sse.s-Immigré.e.s/SOS Racisme).
1.2 Under rule 114 of its rules of procedure, 1 the Committee requested the State
party, on 21 March 2013, to refrain from expelling the complainant to Turkey while
his communication was under consideration by the Committee. On 22 March 2013, the
State party informed the Committee that it would accede to that request.
The facts as presented by the complainant
2.1 The complainant, a Turkish national of Kurdish ethnicity, was born on 1 January
1982 in the province of Mardin, Turkey. In 1993, when he was 11 years old, he joined
the armed struggle being waged by the Kurdistan Workers’ Party (PKK) and left
__________________
* The following members of the Committee took part in the consideration of the communication: Ms.
1
2/10
Essadia Belmir, Mr. Alessio Bruni, Mr. Satyabhoosun Gupt Domah, Mr. Abdoulaye Gaye, Mr. Jens
Modvig, Ms. Sapana Pradhan-Malla, Mr. George Tugushi and Mr. Kening Zhang.
This corresponds to former rule 108 of the Committee’s rules of procedure (CAT/C/3/Rev.4).
GE.15-11115