CAT/C/47/D/347/2008

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. 347/2008
Submitted by:

N.B-M. (not represented by counsel)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

10 April 2008 (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 November 2011,
Having concluded its consideration of complaint No. 347/2008, submitted to the
Committee against Torture by Ms. N.B-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
and the State party,
Adopts the following:

Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant N.B-M., is a national of the Democratic Republic of the Congo
born in 1974, who faces deportation from Switzerland to her country of origin. She claims
that her deportation would constitute a violation by Switzerland of article 3 of the
Convention. She 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 28 July 2008. 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 her
complaint was being considered. The State party acceded to this request on 30 July 2008.
Factual background1
2.1
In her initial submission of 10 April 2008, the complainant described how distressed
she felt because of her fear of returning to the Democratic Republic of the Congo and

1

2

In order to make the factual background as comprehensive and coherent as possible, this section is
based on both the complainant’s correspondence and the judicial decisions concerning her.

GE.12-40160

Select target paragraph3