CAT/C/24/D/116/1998
page 2
Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
TWENTY-FOURTH SESSION
concerning
Communication No. 116/1998
Submitted by:

N.M. [name deleted]
[represented by counsel]

Alleged victim:

The author

State party:

Switzerland

Date of communication:

10 July 1998

The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 9 May 2000,
Having concluded its consideration of communication No. 116/1998, submitted to the
Committee against Torture 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 author of the
communication and the State party,
Adopts the following decision:
1.1
The author of the communication is Mr. N.M., a citizen of the Democratic Republic of
the Congo (DRC) born on 10 January 1968 and currently residing in Switzerland, where he
applied for asylum on 1 December 1997. His application having been turned down, he maintains
that his forcible repatriation to the DRC would constitute a violation by Switzerland of article 3
of the Convention against Torture. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted
the communication to the State party on 23 September 1998. At the same time, the State party
was requested, pursuant to rule 108, paragraph 9, of the Committee’s rules of procedure, not to
expel the author to the DRC while his communication was under consideration by the
Committee. In a submission dated 23 November 1998, the State party informed the Committee
that steps had been taken to ensure that the author was not returned to the DRC while his case
was pending before the Committee.

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