CAT/C/51/D/438/2010
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-first session)
concerning
Communication No. 438/2010
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)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 7 November 2013,
Having concluded its consideration of complaint No. 438/2010, submitted to the
Committee against Torture on behalf of M.A.H. and F.H. 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 complainants,
their counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainants are M.A.H. (born in 1953) and his spouse, F.H. (born in 1957),
both Tunisian nationals. Their asylum applications were rejected in Switzerland and, at the
time of submission of the complaint, they were awaiting expulsion to Tunisia. They claim
that their expulsion to Tunisia would constitute a violation, by Switzerland, of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainants are represented by counsel, Tarig Hassan.
1.2
On 29 November 2010, under rule 114, paragraph 1 (former rule 108, paragraph 1),
of its rules of procedure (CAT/C/3/Rev.5), the Committee requested the State party to
refrain from expelling the complainants to Tunisia while their complaint was under
consideration by the Committee. On 30 November 2010, the State party informed the
Committee that the Federal Office for Migration had requested the competent authorities to
stay the execution of the expulsion order in relation to the complainants until further notice.
2