CAT/C/35/D/231/2003
Page 3
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE
22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Thirty- fifth session
Concerning
Communication No. 231/2003
Submitted by:
Mr. S. N. A. W. et al. (represented by counsel, Mr.
Bernhard Jüsi)
Alleged victim:
The complainants
State Party:
Switzerland
Date of complaint:
12 June 2003 (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 24 November 2005,
Having concluded its consideration of complaint No. 231/2003, submitted to the
Committee against Torture by Mr. S. N. A. W. et al. 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,
Adopts the following:
Decision of the Committee against Torture under article 22 of the Convention
1.1
The complainants are Mr. S. N. A. W. (first complainant), born on 6 February
1974, his sister P. D. A. W. (second complainant), born on 2 March 1964, and her
daughter S. K. D. D. G. S. (third complainant), born on 30 December 1992. They are
Sri Lankan nationals, currently residing in Switzerland and awaiting deportation to Sri
Lanka. They claim that their forcible return to Sri Lanka would constitute a violation
by Switzerland of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, since they would be at risk of being
subjected to torture in Sri Lanka. The complainants are represented by counsel, Mr.
Bernhard Jüsi.