CAT/C/71/D/790/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 10 September 2021 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 790/2016*, ** Communication submitted by: D.Z. (represented by counsel, Boris Wijkström and Gabriella Tau, of Centre Suisse pour la Défense des Droits des Migrants) Alleged victim: The complainant State party: Switzerland Date of complaint: 1 December 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 7 December 2016 Date of adoption of decision: 27 July 2021 Subject matter: Deportation to China Procedural issues: Examination of the same matter under another procedure of international investigation or settlement; exhaustion of domestic remedies Substantive issue: Risk of torture, if deported to country of origin (non-refoulement) Article of the Convention: 3 1.1 The complainant is D.Z., a national of China born in 1973. Her application for asylum in Switzerland has been rejected and she risks deportation to China. She considers that her return would constitute a violation by Switzerland of article 3 of the Convention. The State party made the declaration under article 22 of the Convention on 2 December 1986. The complainant is represented by counsel. 1.2 On 7 December 2016, in application of article 114 (1) of its rules of procedure, the Committee, acting through its Rapporteur on new complaints and interim measures, asked the State party not to deport the complainant to China while the Committee was examining her complaint. * 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: Essadia Belmir, Claude Heller, Erdoğan İşcan, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. Pursuant to rule 109, read in conjunction with rule 15, of the Committee’s rules of procedure, and paragraph 10 of the guidelines on the independence and impartiality of members of the human rights treaty bodies (the Addis Ababa guidelines), Liu Huawen did not participate in the examination of the communication. GE.21-12669(E)

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