CAT/C/48/D/382/2009
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-eighth session)
concerning
Communication No. 382/2009
Submitted by:
M.D.T. (unrepresented)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
11 April 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 14 May 2012,
Having concluded its consideration of complaint No. 382/2009, submitted by
M.D.T. 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is M.D.T., a national of the Democratic Republic of the Congo,
born on 29 June 1977, who faces deportation from Switzerland to his country of origin. He
claims that his deportation would constitute a violation by Switzerland of article 3,
paragraph 1, of the Convention. The complainant requested that immediate measures of
protection be provided to stay his removal to the country of origin. He is not represented by
counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention on 29 April 2009. At the same time, the
Committee, pursuant to rule 108, paragraph 1, of its rules of procedure, requested the State
party not to deport the complainant to the Democratic Republic of the Congo while his
complaint was being considered. The State party acceded to this request on 1 May 2009.
The facts as presented by the complainant
2.1
In his initial submission of 11 April 2009, the complainant claims that his
deportation from Switzerland to his country of origin – the Democratic Republic of the
Congo – would constitute a violation by Switzerland of article 3, paragraph 1, of the
Convention as he would face a risk of torture if returned.
2