CAT/C/50/D/431/2010
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. 431/2010 *
Submitted by:
Y. (represented by counsel, Oliver Brunetti)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
31 August 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 21 May 2013,
Having concluded its consideration of complaint No. 431/2010, submitted to the
Committee against Torture by Oliver Brunetti on behalf of 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 complainant,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Y., a Turkish national. She claims that her deportation to Turkey
would constitute a violation by Switzerland of article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. She is represented by
counsel, Oliver Brunetti.
1.2
Under rule 114 (former rule 108) of its rules of procedure (CAT/C/3/Rev. 5), the
Committee requested the State party, on 3 September 2010, to refrain from expelling the
complainant to Turkey while her communication is under consideration by the Committee.
The State party acceded to this request.
The facts as presented by the complainant
2.1
The complainant is a Turkish national of Kurdish origin, born in Istanbul. She
started working for the Mesopotamia Cultural Centre (MCC) in Istanbul in 1997, where she
*
2
T he text of the individual (dissenting) opinion of Mr. Alessio Bruni, member of the Committee, is
appended herewith.