CAT/C/31/D/186/2001
Page 2
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22
OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT
Thirty-first session
Concerning
Communication No. 186/2001
Submitted by:
Mr. K. K. (represented by counsel)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
3 July 2001 (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 11 November 2003,
Having concluded its consideration of complaint No. 186/2001, submitted to the
Committee against Torture by Mr. K. K. 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 author of the
complaint, his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention
1.1
The complainant is K. K., a Sri Lankan national of Tamil origin, born in 1976,
currently detained in Zug (Switzerland), awaiting his deportation to Sri Lanka. He claims
that his forcible return to Sri Lanka would constitute a violation by Switzerland of article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
1.2
On 8 August 2001, the Committee forwarded the complaint to the State party for
comments and requested, under Rule 108, paragraph 1, of the Committee’s rules of
procedure, not to return the complainant to Sri Lanka while his complaint was under
consideration by the Committee. The State party acceded to this request.