D.B. v. Switzerland

Communication № 1075/2021
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The complainant was granted refugee status in Switzerland
flag Switzerland / flag Belarus / 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 relative of one of the accused in a politically motivated criminal case initiated by the Belarusian authorities in connection with 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

On 19 May 2021, we filed an application for interim measures to the Committee against Torture.

In the complaint 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 accused in the politically motivated criminal case. We also pointed out that in Belarus the conditions of 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.

On 21 May 2021, 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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