CAT/C/53/D/470/2011
Annex
Decision of the Committee against Torture under article 22
of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
(fifty-third session)
concerning
Communication No. 470/2011
Submitted by:
X. (represented by counsel, Monique Bremi)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
15 July 2011 (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 24 November 2014,
Having concluded its consideration of complaint No. 470/2011, submitted to the
Committee against Torture on behalf of X. under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all 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 is X., an Iranian national born in 1986. His asylum application was
rejected in Switzerland and, at the time of submission of the complaint, he was awaiting
expulsion to the Islamic Republic of Iran. He claims that his expulsion to the Islamic
Republic of Iran would constitute a violation, by Switzerland, of article 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The
complainant is represented by counsel, Monique Bremi from Beratungstelle für Asyl- und
Äuslanderrecht.
1.2
On 20 July 2011, the Committee, acting through its Rapporteur on new complaints
and interim measures, requested the State party to refrain from expelling the complainant to
the Islamic Republic of Iran while his complaint was considered by the Committee. On
27 July 2011, the State party informed the Committee that the Federal Office for Migration
had requested the competent authorities to stay the execution of the expulsion order in
relation to the complainant until further notice.
2