CAT/C/70/D/819/2017
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
25 January 2021
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 819/2017*, **
Communication submitted by:
J.D.
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
30 March 2017 (initial submission)
Date of adoption of decision:
30 December 2020
Subject matter:
Deportation to China
Procedural issue:
Examination by another procedure of
international investigation or settlement
Substantive issue:
Risk of torture if deported to country of origin
Article of the Convention:
3
1.1
The complainant is J.D., a national of China, born in 1985. The complainant is not
represented by counsel. She claims that her deportation to China would constitute a violation
by Switzerland of article 3 of the Convention.
1.2
On 11 April 2017, the Committee, acting through its Rapporteur on new complaints
and interim measures, denied the complainant’s request for interim measures consisting in
the suspension of her removal while the case was pending before the Committee.
Facts as submitted by the complainant
2.1
The complainant is from Zangjiakou in Hebei Province, China. She has been a
member of the Quannengshen (the Church of Almighty God) religious community since 2012,
when her aunt introduced her to the faith. The complainant indicates that, on 1 December
2012, some supporters of Quannengshen warned her aunt that the police knew about her faith
and, on 10 December 2012, her aunt was fined. By 2013, the general situation had become
more difficult for Quannengshen believers, the number of members had increased and they
were being kept under government surveillance. The complainant claims that, around May
2014, the Government was spreading rumours about the Church. The complainant agreed
with her aunt and uncle not to attend any more of its meetings. To avoid possible persecution,
her aunt moved. On 8 October 2014, a neighbour whom her aunt had tried to convert
denounced the complainant and her aunt. The police talked to the aunt’s husband and inquired
whether his wife and niece were believers. The uncle denied that the complainant was a
* Adopted by the Committee intersessionally on 30 December 2020.
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Claude Heller, Erdogan Iscan, Liu Huawen, Jens Modvig, Ilvija Puce, Diego
Rodríguez-Pinzón, Sébastien Touzé and Bakhtiyar Tuzmukhamedov.
GE.21-00910(E)