CAT/C/62/D/683/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
26 December 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 683/2015*, **
Communication submitted by:
I.E. (represented by counsel, Tarig Hassan)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
26 May 2015 (initial submission)
Date of present decision:
14 November 2017
Subject matter:
Deportation to the Sudan
Procedural issue:
Non-substantiation of claims
Substantive issue:
Risk of torture if deported to country of origin
(non-refoulement)
Article of the Convention:
3
1.
The complainant is I.E., a national of the Sudan born in Ashaba, Darfur, on 12
March 1983. He filed an application for asylum in Switzerland, but it was rejected. He is
the subject of a deportation order to the Sudan.1 The complainant claims that his forcible
removal would constitute a violation by Switzerland of article 3 of the Convention.
Switzerland made the declaration under article 22 of the Convention on 2 December 1986.
The complainant is represented by counsel, Tarig Hassan.
1.2
On 29 May 2015, the Committee, acting through its Rapporteur on new complaints
and interim measures, asked the State party not to expel the author while the complaint was
being considered. On 2 June 2015, the State party informed the Committee that the
complainant’s removal had been suspended pending consideration of his complaint.
The facts as presented by the complainant
2.1
The complainant states that, in 2002, the Janjaweed militia attacked and burned
down his village, forcing its residents, including the complainant, to flee. He went first of
all to Khartoum. 2 One year later, he went to the village of Tawilah, Darfur, where he
* Adopted by the Committee at its sixty-second session (6 November–6 December 2017).
** The following members of the Committee participated in the examination of the communication:
1
2
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
On 1 April 2015, the State Secretariat for Migration of Switzerland ordered the complainant to leave
Switzerland no later than 29 April 2015.
The complainant does not provide any further details regarding this event, including whether he, a
child at the time, fled alone or with his family.
GE.17-23240(E)