CAT/C/43/D/348/2008
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-third session)
concerning
Communication No. 348/2008
Submitted by:
Franklin Aboua Brou (not represented by
counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
20 July 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 17 November 2009,
Having concluded its consideration of complaint No. 348/2008, submitted to the
Committee against Torture by Franklin Aboua Brou 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant, Mr. Franklin Aboua Brou, an Ivorian national born on 27
December 1988, is currently awaiting deportation from Switzerland. He claims that his
forced return to Côte d’Ivoire would be a violation by Switzerland of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is not represented by counsel.
1.2
On 31 July 2008 the Committee requested the State party not to expel the
complainant to Côte d’Ivoire while his complaint was under consideration. On 4 August
2008 the State party acceded to this request.
The facts as submitted by the complainant
2.1
The complainant was born in Agou, in the department of Adzope, and lived there
until he was 2 years of age. After the death of his mother, his father moved to Para, in the
department of Tabou, on the Liberian border.
2.2
On 1 January 2003 Liberian rebels attacked Para and took the village’s young men
captive. The complainant was taken prisoner and was made to carry the property stolen by
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