CAT/C/53/D/482/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-third session)
concerning
Communication No. 482/2011
Submitted by:
R.S. et al. (represented by Ms. Karine
Povlakic, Service d’aide juridique aux
exilé-e-s (SAJE))
Alleged victims:
R.S. et al.
State party:
Switzerland
Date of complaint:
3 November 2011 (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 21 November 2014,
Having concluded its consideration of complaint No. 482/2011, submitted on behalf
of R.S., her son V.S., her daughter-in-law B.S., her daughter E.S., her grandson A.S. and
her nephew H.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 complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1 The complainants are R.S., her son V.S., her daughter-in-law B.S., her daughter E.S.,
her grandson A.S. and her nephew H.S., born, respectively, in 1948, 1979, 1986, 1982,
2010 and 1958. They are of Albanian ethnicity and are originally from Kosovo. 1 They live
in Switzerland, with the exception of V.S., 2 who was deported to Kosovo in 2014, but are at
risk of being sent back to Kosovo. They claim that their deportation would constitute a
violation by Switzerland of their rights under article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainants are
represented by Ms. Karine Povlakic of Service d’aide juridique aux exilé-e-s (SAJE).
The text of an individual (dissenting) opinion of Committee member Mr. Alessio Bruni is appended
1
2
2
to the present decision.
All references to Kosovo in the present document should be understood to be in full compliance with
Security Council resolution 1244 (1999), without prejudice to the status of Kosovo.
V.S. was deported after being sentenced in 2011 to 3 years and 6 months’ imprisonment for burglary
in Switzerland.
GE.15-00578