CAT/C/59/D/686/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
23 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 686/2015*, **
Communication submitted by:
X (not represented by counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
2 June 2015 (initial submission)
Date of present decision:
5 December 2016
Subject matters:
Torture in detention; non-refoulement
Procedural issues:
Exhaustion of domestic remedies
Substantive issues:
Torture or cruel, inhuman or degrading treatment;
obligation of the State party to proceed to a
prompt and impartial investigation; protection
against all forms of intimidation for reporting
acts of torture; prohibition of other acts
committed by public officials; right to redress
Articles of the Convention:
1, 6, 9, 11 and 16
1.1
The complainant is X, a national of Turkey who was granted refugee status by
Switzerland in 2002. He is currently detained, following a criminal conviction handed
down on 23 February 2010. He claims that Switzerland has violated his rights under articles
1-9, 11-14 and 16 of the Convention. The complainant is not represented by counsel. The
State party made a declaration under article 22 of the Convention on 22 December 1986.
1.2
On 17 June 2015, the Special Rapporteur on new communications and interim
measures registered the complaint and granted interim measures to the complainant,
requesting the State party not to deport him to Turkey while his communication was under
review by the Committee.
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in the examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller
Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-00971(E)