CAT/C/46/D/375/2009
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. 375/2009
Submitted by:
T.D. (represented by counsel, Tarig Hassan)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
10 March 2009 (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 26 May 2011,
Having concluded its consideration of complaint No. 375/2009, submitted to the
Committee against Torture by T.D. 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, T.D., is an Ethiopian national born in 1973 who faces deportation
from Switzerland to his country of origin. He claims that such a measure would constitute a
violation by Switzerland of article 3 of the Convention against Torture. He is represented
by counsel, Tarig Hassan.
1.2
On 16 March 2009, the Committee brought the complaint to the attention of the
State party, in accordance with article 22, paragraph 3, of the Convention, and, pursuant to
rule 108 of its rules of procedure, requested the State party not to deport the complainant to
Ethiopia while the case was under consideration.
1.3
On 27 May 2009, the State party transmitted its observations on the merits of the
case.
The facts as submitted by the complainant
2.1
The complainant is an Ethiopian national who claims he had to leave his country of
origin to go to Switzerland for political reasons on 7 November 2003. On 19 November
2003, he applied for asylum. On 15 November 2004, the Federal Office for Refugees
(ODR, which has since been replaced by the Federal Office for Migration) rejected his
2
GE.11-43945