D.B. v. Switzerland

Communication № 1075/2021
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The complainant was granted refugee status in Switzerland
flag Switzerland / Committee against Torture
Case type: asylum

The complainant in the case is a national of Belarus (“D.B.”). The case concerns the denial of asylum and the deportation of the complainant from Switzerland to Belarus.

Circumstances of the case

D.B. is a close relative of a top manager of one of the largest banks in Belarus, who was the subject of a politically motivated criminal case after the 2020 presidential elections.

Besides, in Belarus D.B. would be subjected to conscription into the army for compulsory military service.

The Swiss authorities rejected D.B.’s application for asylum and ordered him to leave the country.

Сomplaint to the Committee against Torture

In the complaint to the Committee against Torture we argued that upon return to Belarus D.B. would run a risk of being subjected to torture or other ill-treatment on account of his family relation with the defendant in the politically motivated criminal case. We also pointed out that in Belarus the conditions of compulsory military service constitute cruel, inhuman or degrading treatment. On this basis, we stated that the deportation of the complainant would violate articles 3 and 16 of the Convention against Torture.

The Committee indicated to the Government of Switzerland an interim measure requesting it not to deport the complainant to Belarus pending examination of his case.

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Decision

After the Committee against Torture had asked the Swiss authorities to comment on the complaint, the State Secretariat for Migration annulled its previous decision on the complainant's expulsion and granted him asylum and refugee status.

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