CAT/C/20/D/48/1996 page 2 Annex DECISION BY THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT - NINETEENTH SESSION Communication No. 48/1996 Submitted by: H.W.A. (represented by counsel) Alleged victim: The author State Party: Switzerland Date of communication: 4 April 1996 The Committee Against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 20 May 1998, Adopts the following: Decision on admissibility 1. The author of the communication is H.W.A., alias N.B.M., alias H.A., a Syrian citizen. He claims that his forced return to Syria would constitute a violation by Switzerland of article 3 of the Convention. He is represented by counsel. 2.1 The author claims that he left his country at the age of 13 to join the PLO in Lebanon. In 1984, he was sent by the PLO for special military training to Iraq, where he stayed until 1988. Thereafter he was sent to Libya. Seeing this assignment as a demotion, he left the PLO. He was subsequently enlisted for a special mission, namely an attack on a hotel in Taba (Egypt) used by Israeli soldiers. After starting out on his mission, he decided to abandon it for safety reasons. Fearing reprisals in Libya because of his defection, he decided to seek refuge in Europe. 2.2 Before entering Switzerland, the author entered France, where he requested asylum under a false name. Following the rejection of that request in March 1990, he applied for asylum in Switzerland under his real name on 20 May 1990. The Federal Refugee Office (Office fédéral des réfugiés, ODR) rejected that request on 19 January 1993, and the Swiss Asylum Appeal Board (Commission suisse de recours en matière d'asile, CRA) rejected his appeal on 15 February 1995. His application for review was rejected on 26 January 1996.

Select target paragraph3