CAT/C/60/D/662/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
19 July 2017
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 662/2015*, **
Communication submitted by:
M.K. (represented by counsel, Urs Ebnöther)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
4 March 2015 (initial submission)
Date of the present decision:
2 May 2017
Subject matter:
Expulsion of the complainant to the Islamic
Republic of Iran
Procedural issues:
Non-substantiation of claims; complaint
manifestly unfounded
Substantive issue:
Risk of torture in the event of deportation to
country of origin
Article of the Convention:
3
1.1
The complainant is M.K., a national of the Islamic Republic of Iran born in 1969. He
filed an application for asylum in Switzerland, but the application was denied. He maintains
that his forced return to the Islamic Republic of Iran would constitute a violation by
Switzerland of article 3 of the Convention. The complainant is represented by Urs Ebnöther.
1.2
On 9 March 2015, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party not to expel M.K. to the Islamic Republic
of Iran while his complaint was being considered by the Committee.
1.3
On 16 March 2015, 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 deport the complainant, who is therefore
assured of remaining in Switzerland pending consideration of his complaint by the
Committee.
The facts as submitted by the complainant
2.1 The complainant is an Iranian national who has converted from Islam to Christianity.
He states that he began to attend a Christian church (Sunday school) when he was still in
* Adopted by the Committee at its sixtieth session (18 April-12 May 2017).
** The following members of the Committee took part in the consideration of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Sapana
Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-12101 (E)
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