А.K. и А.-M. К. v. Switzerland

Communication № 1089/2021
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Deportation to Ukraine has been suspended pending the Committee's decision on the complaint
flag Switzerland / flag Ukraine / Committee against Torture
Case type: asylum

The complainants in the case are nationals of Ukraine, husband (“A.K”) and wife (“A.-M. K.”). The case concerns the denial of asylum and the deportation of the complainants from Switzerland to Ukraine.

Circumstances of the case

A.K. was an anti-corruption activist. He started to receive numerous threats from the law-enforcement of Ukraine and fled from his hometown, then the country. In Ukraine there are two criminal investigations against A.K.

The law-enforcement started to visit A.-M. K. in order to find A.K. During one of such visits one of the officers raped her. Due to the sustained trauma, A.-M. K. has developed post-traumatic stress disorder and depressive disorder.

The Swiss authorities rejected the complainants’ applications for asylum and ordered them to leave the country.

Complaint to the Committee against Torture

In the complaint we argued that the Swiss authorities did not properly verify the authenticity of provided evidence including materials pertaining to the criminal procedures against A.K. and A.-M. K.’s medical records. We pointed out that in Ukraine the complainants would face a real risk of torture or other ill-treatment. On this grounds we stated that the deportation of the complainants would violate articles 3 and 16 of the Convention against Torture.

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Decision

On 8 September 2021, the Committee indicated to the Government of Switzerland an interim measure requesting it not to deport the complainants to Ukraine pending examination of their case.

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