Decision; Subjects: SWITZERLAND, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]
Volltext (verifizierbarer Originaltext)
GE.25-06876 (E) 170625 170625 Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1056/2021*, ** Communication submitted by: A.M.H. (represented by counsel, Vadim Drozdov) Alleged victim: The complainant State Party: Switzerland Date of complaint: 18 February 2021 (initial submission) Substantive issues: Deportation to Afghanistan; risk of torture and cruel, inhuman or degrading treatment 1. The communication, dated 18 February 2021, was submitted by A.M.H., a national of Afghanistan born in 1990. He claims that, by deporting him to Afghanistan, the State Party would violate his rights under articles 3, 14 and 16 of the Convention. The author is represented by counsel. 2. On 23 February 2021, the Committee registered the communication and requested the State Party to refrain from removing the complainant to Afghanistan while the communication was pending before the Committee. 3. On 3 December 2021, the State Party requested that consideration of the communication be suspended because the complainant had applied for provisional admission to the State Party, and his application was being processed by the domestic authorities. On 4 March 2022, the State Party requested that consideration of the communication be discontinued because the complainant had been granted a residence permit. 4. On 30 March 2023 the complainant stated that he opposed the State Party’s request that consideration of the communication be discontinued, because he had been granted temporary admission with a limited duration of 12 months, which did not constitute a residence permit. On 24 April 2023, the complainant informed the Committee that he had been granted a residence permit valid until 19 August 2023, and he therefore requested the Committee to discontinue its consideration of the communication. On 25 October 2024 the complainant informed the Committee that his residence permit had been extended until 19 August 2025. 5. At its meeting on 10 April 2025, in view of the fact that the complainant had been granted a residence permit, the Committee decided to discontinue its consideration of communication No. 1056/2021.
* Adopted by the Committee at its eighty-second session (7 April–2 May 2025). ** The following members of the Committee participated in the examination of the communication: Todd Buchwald, Jorge Contesse, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen, Maeda Naoko, Ana Racu, Abderrazak Rouwane and Bakhtiyar Tuzmukhamedov. United Nations CAT/C/82/D/1056/2021 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 17 June 2025 Original: English