CAT/C/49/D/406/2009 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-ninth session) concerning Communication No. 406/2009 Submitted by: S.M. (represented by counsel, T.H.) Alleged victim: The complainant State party: Switzerland Date of complaint: 10 November 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 23 November 2012, Having concluded its consideration of complaint No. 406/2009, submitted to the Committee against Torture by S.M. 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, her counsel and the State party, Adopts the following: Decision under article 22, paragraph 7, of the Convention against Torture 1.1 The complainant is S.M., a national of Ethiopia born on 2 June 1979 in a refugee camp in Kassala, Sudan.1 The complainant is an asylum seeker whose application for asylum was rejected; at the time of submission of the complaint, she was awaiting deportation to Ethiopia. She claims that her deportation to Ethiopia 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, T.H. 1.2 On 10 and 25 November 2009, the complainant asked the Committee to request the State party not to deport her to Ethiopia while her complaint is under consideration by the Committee. On 25 November 2009, the Committee, through its Rapporteur on new complaints and interim measures, transmitted the complaint to the State party, without 1 2 The complainant appears under four different spellings of her first and last names, two different dates of birth and two different countries of nationality, Ethiopia and Somalia, in the transcript of the interview held by the Federal Office for Migration on 29 March 2007, the decision of the Federal Office for Migration of 22 June 2007 and the judgement of the Federal Administrative Court of 23 October 2009.

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