CAT/C/36/D/248/2004 page 2 Annex DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Thirty-sixth session concerning Communication No. 248/2004 Submitted by: Mr. Antonio Komba (not represented by counsel) Alleged victim: The complainant State party: Switzerland Date of complaint: 5 March 2004 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 8 May 2006, Having concluded its consideration of complaint No. 248/2004, submitted by Mr. Antonio Komba 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 and the State party, Adopts the following: Decision of the Committee under article 22, paragraph 7, of the Convention 1.1 The complainant, Mr. Antonio Komba, an Angolan national born on 1 December 1972, is currently in Switzerland, where he applied for asylum on 13 June 2000. His application was rejected on 10 July 2003. The complainant maintains that sending him back to Angola would constitute a violation by Switzerland of article 3 of the Convention. 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 attention of the State party on 15 March 2004. On 1 April 2004, the State party contested the admissibility of the communication. On 30 June 2004, the secretariat informed the State party that the admissibility of the complaint would be considered separately from the merits.