CAT/C/49/D/432/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-ninth session)
concerning
Communication No. 432/2010
Submitted by:
H.K. (represented by counsel, T.H.)
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
1 September 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 23 November 2012,
Having concluded its consideration of complaint No. 432/2010, submitted to the
Committee against Torture by H.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 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 H.K., a national of Ethiopia born on 28 July 1973. The
complainant is an asylum seeker whose application for asylum was rejected; at the time of
submission of the complaint, she was awaiting deportation to Ethiopia. She claims that her
deportation to Ethiopia would constitute a violation by Switzerland of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainant is represented by counsel, T.H.
1.2
On 8 September 2010, under former rule 108, paragraph 1, of the Committee’s rules
of procedure,1 the Committee requested the State party not to deport the complainant to
Ethiopia while her complaint was under consideration by the Committee.
The facts as presented by the complainant
2.1
The complainant is originally from Addis Ababa, where she was working as a
secretary for a coffee trade company. In December 2004, she became involved with the
newly founded Coalition for Unity and Democracy movement (CUD, also known as
1
2
Rule 114, paragraph 1, of the current rules of procedure (CAT/C/3/Rev.5).