CAT/C/71/D/885/2018 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 13 September 2021 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 885/2018*, ** Communication submitted by: Y.F. (represented by counsel) Alleged victim: The complainant State party: Switzerland Date of complaint: 17 September 2018 (date of initial submission) Reference: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 11 December 2018 (not issued in document form) Date of adoption of decision: 21 July 2021 Subject matter: Expulsion to the Islamic Republic of Iran Procedural issues: None Substantive issue: Risk of torture upon return to country of origin Article of the Convention: 3 1.1 The complainant is Y.F., an Iranian national born on 25 February 1990. He applied for asylum in Switzerland, but his application was rejected. He is facing deportation to the Islamic Republic of Iran and claims that his expulsion would constitute a violation by the State party of article 3 of the Convention. The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 2 December 1986. The complainant is represented by counsel, Mr. Marcel Zirngast. 1.2 On 24 September 2018, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to deport the complainant to the Islamic Republic of Iran while his complaint was being considered by the Committee. 1.3 On 25 September 2018, the State party informed the Committee that, in accordance with its established procedure, the State Secretariat for Migration had requested the competent authority to refrain from taking any steps to remove the complainant, who was therefore assured of remaining in Switzerland pending consideration of his complaint by the Committee. * Adopted by the Committee at its seventy-first session (12–30 July 2021). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. GE.21-12735 (E) 271021 271021

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