CAT/C/46/D/352/2008
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-sixth session)
concerning
Communication No. 352/2008
Submitted by:
Mr. S. G. et al. ( represented by counsel)
Alleged victims:
The complainants
State party:
Switzerland
Date of complaint:
15 August 2008 (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 30 May 2011,
Having concluded its consideration of complaint No. 352/2008, submitted to
the Committee against Torture on behalf of S. G. 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 complainant,
his counsel and the State party,
Adopts the following:
1.1
The complainants are Mr. S. G. (“the complainant”), his wife Ms. D.G.- and their
son , all nationals of Turkey, awaiting deportation from Switzerland. They claim that their
deportation to Turkey would constitute a violation of article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the
Convention”). They are represented by a lawyer.
1.2
Under rule 114 (former rule 108)1, of its rules of procedure, the Committee
requested the State party, on 28 August 2008, not to expel the complainants to Turkey
while their communication was under consideration by the Committee. On 29 August 2008,
the State party informed the Committee that it would comply with this request.
The facts as presented by the complainant
2.1
The complainants are Turkish nationals of Kurdish origin. After completing his
education, the complainant opened a store where he sold electrical devices in Gaziantep
city, an area where the Kurish political party PKK is active. He was neither a member of
the PKK nor in any other way active in it. He supported it only with an annual amount of
money, because members of the party visited him to collect funds and he felt obliged to
contribute. The PKK also regularly left party newspapers in his shop, for him to distribute
1
2
Rules of procedure CAT/C/3/Rev. 5, dated 21 February 2011.