CAT/C/70/D/819/2017 China would expose her to the risk of being subjected to torture, thus constituting a violation of article 3 of the European Convention on Human Rights.1 The State party recalls that, on 13 February 2017, the European Court of Human Rights sent the author a decision informing her of its rejection of her request for interim measures to suspend her removal, explicitly mentioning that the Court would therefore not intervene to prevent the execution of her removal. According to the second part of that decision, the Court, sitting in a single-judge formation, declared the author’s complaints inadmissible since they did not meet the conditions of admissibility under articles 34 and 35 of the European Convention on Human Rights. 4.2 The State party notes that the decision of the European Court of Human Rights was not based solely on procedural questions, but also on substantive grounds, which indicates that sufficient consideration was given to the merits of the case. Accordingly, it must be considered that the Court has examined the complainant’s application within the meaning of article 22 (5) (a) of the Convention against Torture.2 Complainant’s comments on the State party’s observations on admissibility 5.1 On 25 May 2018, the complainant reiterated the risk that she would face if she were to be returned to China. She added that a believer from the same Swiss Church that she belonged to, who had returned to China in January 2017, had been arrested on arrival and sentenced to three and a half years’ imprisonment. 5.2 The complainant reiterates that she is a true believer and that the Swiss local authorities did not pay attention to the evidence submitted, instead using irrelevant cases to support the correctness of the decision of the State Secretariat for Migration.3 Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claim submitted in a communication, the Committee must decide whether it is admissible under article 22 of the Convention. 6.2 The Committee takes note of the State party’s objection that the complaint should be declared inadmissible under article 22 (5) (a) of the Convention because the same matter has already been examined by the European Court of Human Rights. 6.3 The Committee recalls its consistent jurisprudence that it will not consider any complaint from an individual under article 22 (5) (a) of the Convention unless it has ascertained that the same matter has not been, and is not being, examined under another procedure of international investigation or settlement. 4 The Committee considers that a complaint has been, and is being, examined by another procedure of international investigation or settlement if the examination of a complaint by another procedure relates or is related to the “same matter” within the meaning of article 22 (5) (a), that is, the same parties, the same facts and the same substantive rights.5 6.4 The Committee observes that the complainant lodged an application concerning the same events with the European Court of Human Rights and that complaint included claims based on article 3 of the European Convention on Human Rights (prohibition of torture). It 1 2 3 4 5 The State party refers to M.T. v. Sweden (CAT/C/55/D/642/2014), para. 8.5. The State party refers to M.T. v. Sweden, para. 8.5; see also U. v. Sweden (CAT/C/56/D/643/2014), para. 6.4; and E.E. v. Russian Federation (CAT/C/50/D/479/2011), para. 8.4. The complainant attaches information regarding a presentation by the Coordination des Associations et Particuliers pour la Liberté de Conscience, which, on 1 March 2018, organized an event on the denial of religious freedom in China, including persecution of members of Quannengshen. She also attaches documents describing three similar cases and declarations from non-governmental organizations urging the authorities of France, Germany, Greece, Italy, the Netherlands and Switzerland to grant political asylum to Chinese citizens who have been persecuted because of their religious beliefs in China. See, for example, A.R.A. v. Sweden (CAT/C/38/D/305/2006), para. 6.1; and M.T. v. Sweden, para. 8.3. See, for example, A.A. v. Azerbaijan (CAT/C/35/D/247/2004), para. 6.8; E.E. v. Russian Federation, para. 8.4; and M.T. v. Sweden, para. 8.3. 3

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