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. GE.20-00012 (E) 210220 210220 

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