CAT/C/47/D/381/2009
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-seventh
session)
concerning
Communication No. 381/2009
Submitted by:
Abolghasem Faragollah et al. (represented by
counsel, Urs Ebnöther)
Alleged victim:
The complainants
State party:
Switzerland
Date of complaint:
17 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 21 November 2011,
Having concluded its consideration of complaint No. 381/2009, submitted to the
Committee against Torture on behalf of Mr. Abolghasem Faragollah et al. 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 Abolghasem Faragollah, born on 1 November 1956,
accompanied by his wife Mitra Pishan, born on 27 September 1962, and their son Armin
Faragollah, born on 6 December 1992.1 All are nationals of the Islamic Republic of Iran. He
claims that their return to the Islamic Republic of Iran would constitute a violation by
Switzerland of article 3 of the Convention. He is represented by counsel, Urs Ebnöther.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the State party’s attention on 23 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 and his family to the Islamic Republic of Iran while the
complaint was being considered.
1
2
It transpires from the file that the complainant has another adult son, Arash Faragollah, born on 19
September 1983, who is not associated with the initial submission.
GE.12-40167