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.