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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