CAT/C/54/D/440/2010
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-fourth session)
concerning
Communication No. 440/2010 *
Submitted by:
G.A.B.
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
7 September 2010 (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 4 May 2015,
Having concluded its consideration of complaint No. 440/2010, submitted to the
Committee against Torture by G.A. B. under article 22 of the Convention,
Having taken into account all information made available to it by the
complainant and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1 The complainant and author of the communication, dated 7 September 2010, is
G.A.B., who was born on 20 October 1972. He contends that his expulsion to Guinea
by Switzerland would constitute a breach of article 3 of the Convention. He is not
represented by counsel.
1.2 On 17 December 2010, the Committee, through its Rapporteur on new
complaints and interim measures, rejected the complainant’s request for interim
measures.
The facts as submitted by the complainant
2.1 On 13 November 2007, the complainant lodged his first application for asylum
in Switzerland, and on 26 February 2008, the Federal Office for Migration rejected his
application on the grounds that it lacked credibility. On 10 March 2008, the Federal
Administrative Court rejected his appeal. The complainant returned to Guinea on 29
August 2009. Shortly before leaving, on 6 August 2009, he lodged a new application
for asylum in Switzerland.
__________________
* The following members of the Committee participated in the examination of the present
communication: Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer, Abdoulaye Gaye, Jens
Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
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GE. 15-10885