9.Accordingly, the Committee decides:
(a)That the communication is inadmissible; and
(b)That this decision shall be communicated to the State party and to the complainant.
Notes
Communication No. 236/2003
Submitted by:A.T.A. (represented by counsel, Mr. Klaus-Franz Rüst)
Alleged victim:The complainant
State party:Switzerland
Date of complaint:23 September 2003
The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Meeting on 11 November 2003,
Adopts the following decision on admissibility.
1.The complainant is Mr. A.T.A., a Togolese citizen. He claims that his expulsion by Switzerland to Togo would expose him to a risk
of torture after his return, in violation of article 3 of the Convention against Torture. He is represented by counsel.
The facts as presented by the complainant
2.1In 1996, the complainant, who belongs to the Ewé ethnic minority, joined the “Union des Forces du Changement” (UFC).
2.2On 27 April 2000, the complainant played for the UFC soccer team in a match against the team of the ruling political party. The
UFC team won the game after the complainant had scored the decisive goal. The same evening, two soldiers came to his residence
looking for him. While attempting to escape, he allegedly had to dodge bullets fired by soldiers; however, he managed to escape.
2.3The complainant argues that the security forces in Togo are controlled by the Khabyé ethnic majority and frequently violate human
rights, the Togolese Constitution and domestic laws which protect the rights and freedoms of the individual.
2.4The complainant left Togo, he arrived in Europe and requested asylum in Switzerland on 30 May 2000. On 11 October 2000, the
Federal Refugee Office refused his application and ordered his deportation from Switzerland. On 19 November 2001, the Asylum
Appeals Commission dismissed his appeal and, on 15 July 2003, it confirmed the decision of the Federal Refugee Office ordering the
complainant’s deportation. On 18 September 2003, the Asylum Appeals Commission rejected his request to review its decision of
15 July 2003.
The complaint
3.1The complainant claims that, upon being returned to Togo, he would be arrested and subjected to torture for having sought asylum
in another country, as well as for having “humiliated the government in broad daylight” during the soccer match.
3.2The complainant requests the Committee to order interim measures of protection, to suspend the execution of the deportation
order issued by the Swiss authorities.
Issues and proceedings before the Committee
4.1Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible
under article 22 of the Convention.
4.2The Committee notes that the information submitted by the complainant in substantiation of his claim is general and vague and
does not reveal the existence of any personal and foreseeable risk of torture to which the complainant might be subjected in the event
of his return in Togo. The bare assertion of membership in a political party, in the instant case of the UFC, and the vague allegation
that he was shot at while attempting to escape, do not satisfy the Committee that the threshold of admissibility has been met in the
complainant’s case. In the circumstances, the Committee observes that the complaint, as formulated, does not give rise to any
arguable claim under the Convention.
4.3Accordingly, the Committee finds, in accordance with article 22 of the Convention and rule 107 (b) of its revised rules of
procedure, that the complaint is manifestly unfounded and thus inadmissible.
5.Accordingly, the Committee decides:
(a)That the complaint is inadmissible; and
(b)That this decision will be transmitted to the author and, for information, to the State party.
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