CAT/C/68/D/864/2018

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
27 December 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 864/2018*, **
Communication submitted by:

N.M. (represented by counsel, Alexandre
Mwanza, Migrant Arc-En-Ciel)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

5 March 2018 (initial submission)

Substantive issues:

Risk of torture upon return to the Democratic
Republic of the Congo

At its meeting on 15 November 2019, the Committee, having been informed by the
complainant that the authorities of the State party have requested him to submit a new
application for asylum, as most of the evidence submitted to the Committee has never been
examined on the merits, and taking into account that the complainant notes that he no
longer faces deportation and that he therefore requests that his complaint should be
discontinued, found that communication No. 864/2018 had become moot and decided to
discontinue its consideration thereof, bearing in mind that the complainant would be able to
submit another communication if he faced a new risk of forced return to the Democratic
Republic of the Congo.

* Adopted by the Committee at its sixty-eighth session (11 November–6 December 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 and Bakhtiyar Tuzmukhamedov.

GE.19-22576 (E)

090120 090120



Select target paragraph3