Case
No. 34/1995
Aemei v.
Switzerland
(cont’d)
Date of
adoption
Nationality of
complainant
and country of
removal if
applicable
Article of
Covenant
violated
Interim
measures
granted and
State party’s
response
Remedy
country where they would
run a real risk of being
expelled or returned to Iran.
The Committee’s finding of
a violation of article 3 of the
Convention in no way
affects the decision(s) of the
competent national
authorities concerning the
granting or refusal of
asylum. The finding of a
violation of article 3 has a
declaratory character.
Consequently, the
State party is not required to
modify its decision(s)
concerning the granting of
asylum; on the other hand, it
does have a responsibility to
find solutions that will
enable it to take all
necessary measures to
comply with the provisions
of article 3 of the
Convention. These solutions
may be of a legal nature
(e.g. decision to admit the
applicant temporarily), but
also of a political nature
Follow-up
Further action
59
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