CHAIRMAN: Mr. Peter Burns (Canada)
VICE-CHAIRMEN: Mr. Guibril Camara (Senegal), Mr. Alejandro Gonzalez
Poblete (Chile), Mr. Yu Mengjia (China)
RAPPORTEUR: Mr. Sayed Kassem El Masry (Egypt)
MEMBERS: Ms. Felice Gaer (USA) , Mr. Fernando Marino Menendez
(Spain), Mr. Andreas Mavrommatis (Cyprus), Mr. Ole Vedel Rasmussen
(Denmark), Mr. Alexander M. Yakovlev (Russian Federation)
||A. T. A.
||A.T.A. v. Switzerland, Comm.
236/2003, U.N. Doc. A/59/44, at 323 (CAT 2003)
||Report of the Comm. against Torture, U.N. GAOR, 59th
Sess., Supp. No. 44, U.N. Doc. A/59/44, Annex VII, at 323 (May 21,
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:
2.1 In 1996, the complainant, who belongs to the Ewé ethnic minority, joined
the "Union des Forces du Changement" (UFC).
2.2 On 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.
2.3 The 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.
2.4 The 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.
3.1 The 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.
3.2 The complainant requests the Committee to order interim measures of
protection, to suspend the execution of the deportation order issued by the
Issues and Proceedings Before the Committee
4.1 Before 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.
4.2 The 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 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
4.3 Accordingly, 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.
[Adopted in English, French, Spanish and Russian, the English text being the
original version. Subsequently to be issued in Arabic and Chinese as part of
the Committee's annual report to the General Assembly.]