CAT/C/71/D/790/2016
offences as a form of intimidation.15 Given that the complainant has duly substantiated her
account of the police search, visit to her family residence and threat made to her mother
concerning the complainant’s religious activity, the Committee finds that, in the light of
particular circumstances of the present case, the facts as submitted and the complainant’s
personal and family situation, it is reasonable to assume that the complainant’s removal to
China would put her at risk of torture or other cruel, inhuman or degrading treatment or
punishment.
11.
The Committee, acting under article 22 (7) of the Convention, concludes that the
deportation of the complainant to China, without affording her exhaustive access to the State
party’s remedies, would constitute a breach of article 3 of the Convention by the State party.
The State party is requested to refrain from deporting the complainant while her application
for asylum is being reviewed.
12.
Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State party
to inform it, within 90 days from the date of the transmittal of the present decision, of the
steps it has taken to respond to the above observations.
15
10
CAT/C/CHN/CO/5, para. 36.