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)

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