CAT/C/59/D/658/2015
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
28 March 2017
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 658/2015,
Submitted by:
M.F. (represented by counsel, Mr. Tarig Hassan)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
9 February 2015 (initial submission)
Date of the present decision:
15 November 2016
Subject matter:
Expulsion of the complainant to Ethiopia
Procedural issues:
Non-substantiation
of
manifestly unfounded
Substantive issues:
Risk of torture in the event of deportation to
country of origin
Article of the Convention:
3
claims;
complaint
1.
The author of the communication, dated 9 February 2015, is M.F., an Ethiopian
national born on 5 February 1990. She filed an application for asylum in Switzerland, but
her request was rejected. She is the subject of an order for her removal to Ethiopia. She
maintains that her forced repatriation to Ethiopia would constitute a violation by
Switzerland of article 3 of the Convention. The complainant is represented by counsel, Mr.
Tarig Hassan.
1.2
On 11 February 2015, the Committee, acting through its Rapporteur on new
complaints and interim measures, requested the State party to refrain from expelling the
complainant to Ethiopia while her complaint was being considered by the Committee.
The facts as submitted by the complainant
2.1
The complainant is a national of Ethiopia and comes from Addis Ababa. She
belongs to the Amhara ethnic group and is Orthodox by religion.
2.2
The complainant alleges that, in 2008-2009 (2001 according to the Ethiopian
calendar), while she was working as a nurse at Zewditu hospital, she became a member of
Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
The following members of the Committee participated in the examination of the communication: Ms.
Essadia Belmir, Mr. Alessio Bruni, Ms. Felice Gaer, Mr. Abdelwahab Hani, Mr. Claude Heller
Rouassant, Mr. Jens Modvig, Ms. Sapana Pradhan-Malla, Ms. Ana Racu, Mr. Sébastien Touzé and
Mr. Kening Zhang.
GE.17-04946 (E)
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