CAT/C/65/D/765/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 31 January 2019 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 765/2016*, ** Communication submitted by: X (represented by counsel, Tarig Hassan) Alleged victim: The complainant State party: Switzerland Date of complaint: 15 August 2016 (initial submission) Date of present decision: 23 November 2018 Subject matter: Deportation to Ethiopia Procedural issue: Lack of substantiation of claims Substantive issue: Risk to life or risk of torture or inhuman or degrading treatment, if deported to country of origin (non-refoulement) Article of the Convention: 3 1.1 The complainant is Mr. X, a national of Ethiopia, born on 18 January 1977. He entered Switzerland illegally on 8 June 2011 and applied for asylum on the same date. His request for asylum was rejected on 13 July 2016 by the Federal Administrative Court, and his expulsion was ordered in compliance with the decision of the Federal Office for Migration dated 29 April 2014. He was requested to leave Switzerland by 18 August 2016, otherwise he would be forcibly removed. No date for his forcible removal has been fixed. 1.2 The complainant submits that his forcible removal to Ethiopia would constitute a violation by Switzerland of his rights under article 3 of the Convention as he fears he would face a real and imminent risk of torture by the Ethiopian authorities. He requests that interim measures be taken to prevent his removal in order to avoid irreparable harm to his physical and mental integrity. The complainant is represented by counsel. 1.3 On 16 August 2016, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party not to deport the complainant to Ethiopia while his complaint was being considered. The facts as presented by the complainant 2.1 The complainant is a citizen of Ethiopia, of Oromo ethnicity. He grew up in Dembi Dolo. He comes from an environment supportive of the Oromo Liberation Front; he himself * Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. GE.19-01530(E) 

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