CAT/C/67/D/828/2017 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 2 September 2019 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 828/2017*, ** Communication submitted by: B.K. (represented by counsel, Ange Sankieme Lusanga) Alleged victim: The complainant State party: Switzerland Date of complaint: 5 June 2017 (initial submission) References: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 22 June 2017 (not issued in document form) Date of present decision: 24 July 2019 Subject matter: Removal to the Democratic Republic of the Congo Procedural issue: Insufficient substantiation of claims Substantive issue: Risk of torture Article of the Convention: 3 1.1 The complainant is B.K., a national of the Democratic Republic of the Congo, born on 28 September 1993. He applied for asylum in Switzerland, but his application was denied on 23 May 2017. At the time of submission of his complaint, he was under an expulsion order to the Democratic Republic of the Congo and considered that expulsion would constitute a violation by Switzerland of article 3 of the Convention. The complainant is represented by counsel, Ange Sankieme Lusanga. 1.2 On 22 June 2017, the Committee, acting through its Rapporteur on new complaints and interim measures, decided not to accede to the complainant’s request for interim measures. Facts as presented by the complainant 2.1 The complainant was a human rights defender in the Democratic Republic of the Congo. He visited prisons and then reported on the situation of the rights of prisoners. He * Adopted by the Committee at its sixty-seventh session (22 July–9 August 2019). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón and Sébastien Touzé. GE.19-14950 (E) 011019 021019 

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