CAT/C/CHE/CO/7
closed. The Committee also notes with concern that, where convictions are handed
down for domestic violence, the penalties incurred are light (art. 2).
The Committee recommends that the State party:
(a) Amend its legislation to ensure that, in cases that may give rise to
discretionary suspension under article 55 (a) of the Criminal Code, the victim is
consulted and gives explicit, free and informed consent before the Public
Prosecutor’s Office can suspend proceedings;
(b) Ensure that all other cases of violence against women are automatically
subject to effective and impartial proceedings and that perpetrators are
prosecuted and punished in accordance with the serious nature of their acts;
(c) Continue to sensitize and train the judiciary and law enforcement
officials on all kinds of violence against women and on ex officio prosecution of
cases;
(d) Continue its campaigns to raise public awareness, particularly among
young people, in order to combat domestic violence and gender stereotyping.
12. While welcoming the amendment in July 2013 of article 50 of the Federal
Foreign Nationals Act, the Committee is nevertheless concerned at information
received to the effect that the threshold “level of violence” suffered and the
evidentiary burden remain too high, which makes it impossible for foreigners who are
victims of domestic violence to leave a violent spouse without losing their residence
permit (arts. 2, 13, 14 and 16).
The Committee urges the State party to extend protection under article 50 of the
Federal Foreign Nationals Act to foreigners who have been recognized as victims
of domestic violence within the meaning of the Federal Act on Assistance to
Crime Victims, without setting the threshold level of violence too high to allow
protection to be granted.
Non-refoulement
13. The Committee notes the information provided by the State party indicating that
an assessment of the risk of violation of the principle of non -refoulement is made in
each case. However, the Committee is concerned at reports that the assessment does
not take proper account of information concerning the situation in the country of
origin. In this regard, the Committee notes with concern the allegations that two
Tamils who were forcibly returned to Sri Lanka were subjected to torture, and notes
the State party’s undertaking to bring them back to Switzerland and to discontinue
returns to Sri Lanka. Lastly, the Committee is concerned at reports to the effect that
extradition is sometimes carried out only on the basis of diplomatic assurances
provided by the country of origin and that, according to information received, those
assurances do not appear to have been honoured in some cases (art. 3).
The State party should under no circumstances expel, return or extradite a
person to another State where there are substantial grounds for believing that he
or she would be in danger of being subjected to torture. The Committee recalls
that it has adopted the position that under no circumstances should a State party
regard diplomatic assurances as being a safeguard against torture or illtreatment when there are substantial grounds for believing that a person would
be in danger of being subjected to torture upon his or her return. The State party
should thoroughly consider the merits of each individual case, including the
overall situation with regard to torture in the country of return. It should put in
place effective post-return monitoring arrangements for use in the event of
refoulement and ensure that returned persons receive protection, re-entry and
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