CAT/C/66/D/757/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 14 June 2016 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 757/2016*, ** Communication submitted by: M.J.S. (represented by counsel, G.I. Dijkman) Alleged victim: The complainant State party: The Netherlands Date of complaint: 10 February 2016 (initial submission) Document references: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 13 July 2016 (not issued in document form) Date of present decision: 3 May 2019 Subject matter: Risk of torture in the event of deportation to country of origin (non-refoulement); prevention of torture Substantive issue: Deportation of the complainant from the Netherlands to Côte d’Ivoire Procedural issues: None Articles of the Convention: 3 and 22 1.1 The complainant is M.J.S., a national of Côte d’Ivoire born in the Netherlands on 31 January 2015. She claims that her deportation to Côte d’Ivoire by the Netherlands would violate her rights under article 3 of the Convention. The complainant is represented by counsel. 1.2 On 13 July 2016, pursuant to rule 114 of its rules of procedure, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to expel the complainant while the communication was being considered by the Committee. The facts as presented by the complainant 2.1 The complainant’s mother unsuccessfully sought asylum in the Netherlands after she was forced to marry a man in Côte d’Ivoire without her consent. When the complainant was born, the mother applied for asylum on her daughter’s behalf since the baby risked being * Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019). ** The following members of the Committee participated in the examination of the communication: Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. GE.19-09728(E) 

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