CAT/C/46/D/357/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 357/2008
Submitted by:
Fuad Jahani (represented by counsel,
Mr. Urs Ebnöther)
Alleged victim:
Fuad Jahani
State party:
Switzerland
Date of complaint:
9 October 2008 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 May 2011,
Having concluded its consideration of complaint No. 357/2008, submitted to the
Committee against Torture by Mr. Fuad Jahani under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all the information made available to it by the
complainant, his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, Fuad Jahani, is a national of the Islamic Republic of Iran, was
born in 1981 and is facing deportation from Switzerland to his country of origin. He claims
that his deportation would constitute a violation by Switzerland of article 3 of the
Convention. He is represented by counsel, Urs Ebnöther.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention on 15 October 2008. At the same time,
the Committee, pursuant to rule 108, paragraph 1, of its rules of procedure, requested that
the State party refrain from deporting the complainant to the Islamic Republic of Iran while
his complaint was being considered. The State party acceded to this request on 20 October
2008.
1.3
On 14 April 2009, the State party provided its observations on the admissibility and
merits of the case.
2