CAT/C/71/D/790/2016 November 2016 from the Church of the Almighty God in Switzerland, attesting that she has been a member of the church since 2016 and participates actively in meetings and activities. State party’s observations on admissibility 4. On 2 February 2017, the State party challenged the admissibility of the communication, noting that the complainant had submitted an application to the European Court of Human Rights on the same matter. On 9 November 2016, the latter rejected the complainant’s request for interim measures and declared her application (No. 57382/16) inadmissible because the admissibility conditions set forth in articles 34 and 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms had not been met.3 Complainant’s comments on the State party’s observations on admissibility 5.1 On 18 September 2017, the complainant submitted her comments on the State party’s observations on admissibility. She argues that the European Court of Human Rights has not examined the same question, given that it declared her application inadmissible because, in the absence of counsel, she had invoked the wrong convention, namely, the Convention relating to the Status of Refugees. 5.2 On 23 December 2018, the complainant submitted supplementary comments. She refers to social media websites, on which a video of an interview with her and pictures of her participating in activities promoting the respect of human rights in China are posted. In the video on YouTube, under the title, “10th Geneva summit spotlights human rights situations in dictatorships”, the complainant is identified as a member of the Church of the Almighty God. 5.3 The complainant submits statements from three professors specializing in the Church of the Almighty God. They affirm that participation in, and membership of, xie jiao (“heterodox teachings” or “evil cults”) is punished with three to seven years’ imprisonment in China and that the Church of the Almighty God systematically features on xie jiao lists. They also affirm that members of the church would certainly be arrested and detained if sent back to China and would run a serious risk of being tortured and killed on the grounds of their membership in the church alone. They claim that, because of local police corruption, the incomplete implementation of the national police database and a lack of verification, it is possible to procure a passport and leave the country with it. State party’s additional observations on admissibility and observations on the merits 6.1 On 11 June 2019, the State party submitted its observations on admissibility and the merits. It reiterates that the complaint is inadmissible on the grounds that the European Court of Human Rights has examined the same question. It observes that the complaint is inadmissible on the grounds of article 22 (5) (b) of the Convention, to the extent that the complainant did not invoke her political activities in Switzerland in the domestic procedure. They could have been the object of a second asylum application, which would have generated the right to reside in Switzerland until the end of the procedure, or the extraordinary remedy of a re-examination, in which the State Secretariat for Migration may accord suspensive effect to the deportation order. 6.2 On the merits, the State party underlines the soundness of the decisions of the national authorities and observes, with reference to the Committee’s general comment No. 4 (2017) on the implementation of article 3 in the context of article 22, that the complainant has not proven that she runs a foreseeable, personal, present and real risk of being subjected to torture in case of her return to China. In that regard, the State party maintains that there is no 3 the letter accompanying the medical certificate that, since the negative decision by the Swiss asylum authorities, her mental health has deteriorated. The European Court of Human Rights, sitting in a single-judge formation, decided to declare the application inadmissible. Having regard to all the material in its possession and in so far as it had jurisdiction to examine the allegations made, the Court considered that the conditions of admissibility provided for in articles 34 and 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms were not fulfilled. 3

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