CAT/C/44/D/356/2008
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-fourth
session)
concerning
Communication No. 356/2008
Submitted by:
N.S. (represented by counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of the complaint:
19 September 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 6 May 2010,
Having concluded its consideration of complaint No. 356/2008, submitted to the
Committee against Torture by N.S. 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 Mr. N.S., a Turkish national of Kurdish origin born in 1975. He
sought political asylum in Switzerland, his application was rejected, and he risks
deportation to Turkey. He claims that if Switzerland proceeds with his forcible return, it
would breach its obligations under article 3 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention” hereafter). He is
represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, while transmitting the
communication to the State party, on 29 September 2009, the Committee requested it,
under rule 108, paragraph 1, of the Committee's rules of procedure, not to expel the
2