CAT/C/50/D/439/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fiftieth session)
concerning
Communication No. 439/2010
Submitted by:
M.B. (represented by SAJE)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
22 November 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 31 May 2013,
Having concluded its consideration of communication No. 439/2010, submitted to
the Committee against Torture by M.B. 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:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is M.B., an Iranian citizen born in 1970. Following the refusal of
his application for political asylum in Switzerland, he runs the risk of being returned to the
Islamic Republic of Iran. He considers his forced return would constitute a violation by
Switzerland of his rights under article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. He is represented by counsel.
1.2
In accordance with rule 108 of its rules of procedure, when the complaint was
registered, on 29 November 2010, the Committee, through its Rapporteur on new
complaints and interim measures, requested the State party not to expel the complainant to
the Islamic Republic of Iran while his complaint was under consideration.
The facts as presented by the complainant
2.1
The complainant filed an application for asylum in Switzerland in January 2005. In
support of his request, he stated that he was an ethnic Arab from the Islamic Republic of
Iran, from a city near the Iraqi border, where he had worked as a tailor for 10 years. He has
a brother who is politically active and a member of an Arab political party advocating the
independence of Khuzestan Province. Specifically, his brother had distributed political
tracts (the complainant was unaware of his other activities). His brother had no fixed abode
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