CAT/C/50/D/467/2011
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. 467/2011
Submitted by:
Y.B.F., S.A.Q. and Y.Y. (represented by counsel,
Tarig Hassan)
Alleged victims:
The complainants
State party:
Switzerland
Date of complaint:
24 June 2011 (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 complaint No. 467/2011, submitted to the
Committee against Torture by Y.B.F., S.A.Q. and Y.Y. 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 Y.B.F. (born on 17 April 1970), his wife, S.A.Q. (born on 26
October 1983), and their son, Y.Y. (born on 30 August 2007), all nationals of Yemen. The
first two complainants are asylum seekers, whose applications for asylum were rejected
and, at the time of submission of the complaint, they were awaiting expulsion to Yemen.
They claim that their expulsion to Yemen 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 June 2011, 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 Yemen while their complaint was under consideration
by the Committee. On 12 July 2011, the State party informed the Committee that the
Federal Office for Migration of Switzerland had requested competent authorities to stay the
execution of the expulsion order in relation to the complainants until further notice.
2