L.D. v. Switzerland

Communication № 1112/2021
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Deportation to Georgia has been suspended pending the Committee’s decision on the complaint
flag Switzerland / flag Georgia / Committee against Torture
Case type: expulsion / deportation

The complainant in the case is a national of Georgia (“L.V.”). The case concerns the denial of asylum and the deportation of the complainant from Switzerland to Georgia.

Circumstances of the case

The complainant suffers from Hodgkin’s lymphoma, cancer of the lymphatic system. In Georgia the complainant depended on social assistance.

L.D. claimed before the Swiss authorities that he would not receive the necessary medical treatment in Georgia because of his poverty. The authorities rejected his application for asylum and ordered him to leave the country. They also indicated that L.D.'s health condition did not preclude his expulsion as the necessary medical treatment would be accessible for him in Georgia.

Complaint to the Committee against Torture

In the complaint we argued that upon return to Georgia L.D. would face a serious threat to his health and life due to the lack of necessary treatment. As a result, he would run a real risk of torture or other ill-treatment. We claimed that the L.D.’s deportation to Georgia without individual and sufficient guarantees by the Georgian authorities that he would receive the necessary medical treatment would violate Articles 3 and 16 of the Convention.

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On 22 December 2021, the Committee indicated to the Government of Switzerland  an interim measure requesting it not to deport the complainant to Georgia pending examination of his case.

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