CAT/C/53/D/473/2011
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. 473/2011
Submitted by:
Hussein Khademi et al. (represented by counsel,
Bernhard Jüsi)
Alleged victim:
The complainants
State party:
Switzerland
Date of complaint:
3 August 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 14 November 2014,
Having concluded its consideration of complaint No. 473/2011, submitted to the
Committee against Torture by Bernhard Jüsi on behalf of Hussein Khademi et al. 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
1.1
The complainants are Hussein Khademi, born 23 September 1956, his wife, Shahin
Qadery, born 8 June 1969, and their children, Ramyar, Zanyar, Mazyar and Kamyar, born
in 1987, 1988, 1996 and 1997 respectively. All are nationals of the Islamic Republic of
Iran. They claim that their expulsion to the Islamic Republic of Iran would constitute a
violation by Switzerland of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. They are represented by counsel,
Bernhard Jüsi.
1.2
On 5 August 2011, under rule 114 (former rule 108) of its rules of procedure
(CAT/C/3/Rev. 5), the Committee requested the State party to refrain from expelling the
complainants to the Islamic Republic of Iran while their complaint was under consideration
by the Committee. On 23 August 2011, the State party informed the Committee that the
Federal Office for Migration had requested the competent authorities to stay the execution
of the expulsion order in relation to the complainants until further notice.
2