CAT/C/68/D/882/2018

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
2 January 2020
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 882/2018*, **
Communication submitted by:

Flor Agustina Calfunao Paillalef (represented by
counsel, Pierre Bayenet)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

17 August 2018 (initial submission)

Document references:

Decision taken pursuant to rule 115 of the
Committee’s rules of procedure, transmitted to
the State party on 23 August 2018 (not issued in
document form)

Date of adoption of decision:

5 December 2019

Subject matter:

Deportation to Chile

Procedural issues:

None

Substantive issue:

Risk of torture or cruel, inhuman or degrading
treatment or punishment if deported to country of
origin (non-refoulement)

Articles of the Convention:

3 and 22

1.1
The complainant, who was born on 28 August 1961, is Flor Agustina Calfunao
Paillalef, a national of Chile and a member of the Mapuche indigenous people. She is
subject to an order for deportation to Chile and considers that her deportation would
constitute a violation by Switzerland of article 3 of the Convention. The State party has
made the declaration pursuant to article 22 (1) of the Convention, effective from 2
December 1986. The complainant is represented by counsel, Pierre Bayenet.
1.2
On 23 August 2018, pursuant to rule 114 (1) of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures,
requested the State party not to deport the complainant to Chile while the complaint was
being considered. On 27 August 2018, the State party informed the Committee that no steps
would be taken to deport the complainant to Chile while the Committee was considering
her complaint.

* Adopted by the Committee at its sixty-eighth session (11 November–6 December 2019).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé and Bakhtiyar Tuzmukhamedov.

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