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 

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