CAT/C/68/D/863/2018

United Nations

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

Distr.: General
3 January 2020
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 863/2018*, **
Communication submitted by:

X (represented by counsel, Igna Oomen)

Alleged victim:

The complainant

State party:

Netherlands

Date of complaint:

12 January 2018 (initial submission)

Document references:

Decision taken pursuant to rule 115 of the
Committee’s rules of procedure, transmitted to
the State party on 19 March 2018 (not issued in
document form)

Date of adoption of decision:

5 December 2019

Subject matter:

Deportation to Côte d’Ivoire

Procedural issue:

Admissibility – exhaustion of domestic remedies

Substantive issues:

Risk to life or risk of torture or inhuman or
degrading treatment, if deported to country of
origin (non-refoulement); torture

Article of the Convention:

3

1.1
The complainant is X, a national of Côte d’Ivoire born on 22 August 1975 and
currently residing in the Netherlands. She claims that by removing her to Côte d’Ivoire, the
State party would violate her rights under article 3 of the Convention. The State party has
made the declaration pursuant to article 22 (1) of the Convention, effective from 21
December 1988. The complainant is represented by counsel.
1.2
On 16 January 2018, the Committee, acting through its Rapporteur on new
complaints and interim measures, denied the complainant’s request under rule 114 of its
rules of procedure for interim measures to request the State party to refrain from removing
the complainant to Côte d’Ivoire and to provide adequate housing, medical and social
benefits to her while her complaint was being considered by the Committee.
The facts as submitted by the complainant
2.1
The complainant is Muslim and is of Dyula ethnicity. She has four children,
including one foster child. She had very little formal education, only attending a few years
* 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.20-00015(E)

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