CAT/C/66/D/829/2017 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 25 July 2019 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 829/2017*, **, *** Communication submitted by: C.F.T. (represented by counsel, Danielle Mamin of Coordination Asile-Migration Riviera) Alleged victim: The complainant State party: Switzerland Date of complaint: 5 June 2017 Document references: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 22 June 2017 (not issued in document form) Date of decision: 6 May 2019 Subject matter: Deportation to Benin Procedural issues: None Substantive issues: Risk of torture if deported (non-refoulement) Articles of the Convention: 3 and 22 1.1 The complainant is C.F.T., a Beninese national born in 1979. He claims that his deportation to Benin would constitute a violation of article 3 of the Convention by Switzerland. The complainant is represented by counsel, Danielle Mamin of Coordination Asile-Migration Riviera. 1.2 On 22 June 2017, the Committee, acting through its Rapporteur on new complaints and interim measures, decided not to accede to the complainant’s request for interim measures. 1.3 On 12 April 2018, on the basis of additional information from the counsel, dated 9 September 2017, the Committee against Torture, acting through its Rapporteur on new complaints and interim measures, requested the State party to refrain from deporting the complainant to Benin while his complaint was being considered by the Committee. On 19 April 2018, the State party informed the Committee that the complainant’s deportation to Benin had been suspended pending the Committee’s decision on the complaint. * Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. *** The text of the dissenting opinion of Abdelwahab Hani is appended to the present document. GE.19-12653 (E) 070819  080819

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