CAT/C/65/D/758/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 8 February 2019 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 758/2016*, **, *** Communication submitted by: Adam Harun (represented by counsel, Ms. Gabriella Tau and Mr. Boris Wijkström) Alleged victim: The complainant State party: Switzerland Date of communication: 8 July 2016 (initial submission) Date of present decision: 6 December 2018 Subject matter: Deportation to Italy Procedural issues: Failure to sufficiently substantiate claims; inadmissibility ratione materiae Substantive issues: Risk of torture; right to redress; cruel, inhuman or degrading treatment or punishment Articles of the Convention: 3, 14 and 16 1.1 The complainant is an Ethiopian citizen born on 28 September 1990. He is facing deportation to Italy and considers that his removal would constitute a violation by Switzerland of articles 3, 14 and 16 of the Convention. He is represented by Gabriella Tau and Boris Wijkström of the Centre suisse pour la défense des droits des migrants. 1.2 On 13 July 2016, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party to refrain from deporting the complainant to Italy while his complaint was being considered by the Committee. The facts as presented by the complainant 2.1 The complainant has been a political advocate for the Oromo cause since 2005, when his sister was killed by hanging at Mekelle University. In 2006, he joined the Oromo Liberation Front, a political party that campaigns for Oromo rights in Ethiopia. He conducted awareness-raising activities among young people and farmers and, while studying medicine, was in charge of the party’s student wing at the Arat Kilo university * Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018). ** The following Committee members took part in the consideration of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. *** The text of an individual (dissenting) opinion of Committee member Abdelwahab Hani is appended to the present decision. GE.19-01969 (E) 240419  240419

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