CAT/C/48/D/393/2009
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-eighth session)
concerning
Communication No. 393/2009
Submitted by:
E.T. (represented by counsel, Tarig Hassan)
Alleged victims:
The complainant
State party:
Switzerland
Date of complaint:
27 July 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 May 2012,
Having concluded its consideration of complaint No. 393/2009, submitted to the
Committee against Torture by Tarig Hassan on behalf of E.T. 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 of the communication dated 27 July 2009 is E.T., born on 30
August 1963 in Ethiopia. She claims that her deportation to Ethiopia would constitute a
breach 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, Tarig Hassan.
1.2
On 31 July 2009, under rule 114 (former rule 108) of its rules of procedure
(CAT/C/3/Rev.5), the Committee requested the State party not to deport the complainant to
Ethiopia while her complaint was under consideration by the Committee. On 3 August
2009, the State party confirmed compliance with the Committee’s request for interim
measures.
The facts as presented by the complainant
2.1
The complainant belongs to the Amhara ethnic minority, mostly living in the central
highlands of Ethiopia. She left her home country due to political problems and arrived in
Switzerland on 31 July 2003, where she filed an asylum claim.
2