CAT/C/45/D/344/2008
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-fifth session)
concerning
Communication No. 344/2008
Submitted by:
A.M.A. (represented by the Service d’Aide
Juridique aux Exilé-e-s (SAJE))
Alleged victim:
The complainant
State party:
Switzerland
Date of the complaint:
22 May 2008 (date of 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 12 November 2010,
Having concluded its consideration of complaint No. 344/2008, submitted by
A.M.A. 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,
the counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, A.M.A., born on 1 January 1983, submitted his complaint to the
Committee on 22 May 2008. A Togolese national residing in Switzerland, he is currently
awaiting deportation to his country of origin. He claims that his forced return to Togo
would constitute a breach by Switzerland of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by the
Service d’Aide aux Exilé-e-s (SAJE), an association providing legal assistance to asylumseekers.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee
brought the complaint to the attention of the State party in a note verbale dated 3 July 2008,
attaching a request for interim protection measures.
The facts as presented by the complainant
2.1
The complainant is a fisherman from Lomé, Togo. He has never been involved in
politics. On 27 February 2005, a demonstration took place, organized by several women’s
associations and calling for revision of the Togolese Constitution. The demonstration was
suppressed by law enforcement personnel. That evening, the complainant and his father
2
GE.10-46944