United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - 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. Those solutions may be of a legal nature (e.g., a decision to admit the applicant temporarily), but also of a political nature (e.g., action to find a third State willing to admit the applicant to its territory and undertaking in its turn not to return or expel him). [Text adopted in French (original version) and translated into English, Spanish and Russian.] 3. Communication No. 38/1995 Submitted by: X (represented by counsel) Alleged victim: The author State party: Switzerland Date of communication: 16 November 1995 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 9 May 1997, Having concluded its consideration of communication No. 38/1995, submitted to the Committee against Torture 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 author of the communication, his counsel and the State party, Adopts its Views under article 22, paragraph 7, of the Convention. 1. The author of the communication is a Sudanese citizen, born on 6 January 1951, at present residing in Switzerland. He claims that his deportation from Switzerland would constitute a violation by Switzerland of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel. Facts as presented by the author 2.1 The author states that he was working at the Arabsat Company in Sudan from 1983 to 1987 as a manager of administration and public relations. He was one of the four partners of the company. He was responsible for the distribution of Ad Dastour, a weekly political magazine and Al Hadaf, a newspaper. Both were partly owned by the Al Ba'ath al Arabi Istiraki Party, a political left-wing group which stood very close to the Iraqi Ba'ath Party. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (82 of 109)16/10/2006 9:54:12 AM