CAT/C/60/D/639/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
16 June 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 639/2014*, **
Communication submitted by:
N.A.A. (represented by counsel, Tarig Hassan)
Alleged victim:
The complainant
State party:
Switzerland
Date of communication:
14 November 2014 (initial submission)
Date of decision:
2 May 2017
Subject matter:
Deportation to the Sudan
Procedural issues:
None
Substantive issues:
Risk of torture in the event of deportation to
country of origin (non-refoulement)
Article of the Convention:
3
1.1
The complainant is N.A.A., a Sudanese national born on 26 March 1986 and subject
to a deportation order from Switzerland to the Sudan. He claims that his deportation would
constitute a violation by Switzerland of his rights under article 3 (1) of the Convention. The
complainant is represented by counsel, Tarig Hassan.
1.2
On 24 November 2014, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided to issue a request for provisional interim
measures under rule 114 (1) of the Committee’s rules of procedure and requested the State
party not to deport the complainant to the Sudan while the complaint was being considered
by the Committee.
The facts as presented by the complainant
2.1
The complainant is a Sudanese, belonging to the ethnical group “Al-Guemer” He
was born in 1986 in a village near Kutum, North Darfur. In 2003, the rebels started to
infiltrate the city of Kutum. The complainant’s father, who was the chief of the village,
supported the Sudan Liberation Movement.
2.2
In August 2005, the Sudanese army shelled the complainant’s district in order to hit
the rebels and the local population, which was supporting them. The complainant’s father
was killed during the attack while praying at a Madrassa (Koranic School). Following this
* Adopted by the Committee at its sixtieth session (18 April-12 May 2017).
** The following members of the Committee participated in the examination of the present
communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude HellerRouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-09930(E)