CAT/C/44/D/355/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-third session)
concerning
Communication No. 355/2008
Submitted by:
C.M.
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
28 July 2008 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 May 2010,
Having concluded its consideration of communication No. 355/2008, submitted by
C.M. under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, C.M., born on 12 October 1968 in the Republic of the Congo,
submitted his complaint on 28 July 2008. He is a Congolese national residing in
Switzerland and is subject to an order of deportation to his country of origin. He alleges that
his enforced return to the Congo would constitute a violation by Switzerland of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is not represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention in a note verbale dated 25 September
2008, which also included a request for interim measures.
The facts as submitted by the complainant
2.1
The complainant was recruited by the Congolese army in 1989 and became a
sergeant in the armed airborne unit of the regular Congolese army. After having fought for
former President Pascal Lissouba in 1997, he resumed service in the army in October of
that same year under Denis Sassou Nguessou’s new Administration. Coming from the north
of the Congo, he was suspected by his fellow unit members of supporting the rebels who
were backing former President Lissouba. At the end of 1999, the rebels attacked
2
GE.10-42782