CAT/C/35/D/254/2004
page 2
Annex
DECISION OF THE COMMITTEE AGAINST TORTURE
UNDER ARTICLE 22 OF THE CONVENTION AGAINST
TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
Thirty-fifth session
concerning
Communication No. 254/2004
Submitted by:

S.S.H. (represented by counsel, Mr. Werner Spirig)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

7 September 2004

The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 15 November 2005,
Having concluded its consideration of complaint No. 254/2004, submitted to the
Committee against Torture by Mr. S.S.H. 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 author of the
complaint, his counsel and the State party,
Adopts the following:
Decision of the Committee against Torture under article 22 of the Convention
1.1
The complainant, S.S.H., a Pakistani national, born on 2 March 1969, is now in
Switzerland, where he filed an application for asylum on 22 May 2000. The application was
rejected on 20 June 2002. The complainant asserts that his return to Pakistan would constitute a
violation by Switzerland of article 3 of the Convention against Torture. He is represented by
counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted
the communication to the State party on 16 September 2004. At the same time the Committee,
acting under article 108, paragraph 1, of its rules of procedure, decided that interim measures of
protection, as sought by the complainant, were not justified in the circumstances.

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