CAT/C/51/D/438/2010 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 17 December 2013 Original: English Committee against Torture Communication No. 438/2010 Decision adopted by the Committee at its fifty-first session, 28 October to 22 November 2013 * Submitted by: M.A.H. and F.H. (represented by counsel, Tarig Hassan) Alleged victims: The complainants State party: Switzerland Date of complaint: 15 November 2010 (initial submission) Date of present decision: 7 November 2013 Subject matter: Expulsion of the complainants to Tunisia Substantive issue: Risk of torture upon return to the country of origin Procedural issue: - Article of the Convention: 3 Reissued for technical reasons on 3 January 2014. GE.14-40020 *1440020* *

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