Case Law

The Swiss authorities' decision to return a Zimbabwean national to his country of origin violated Article 3 of the Convention against Torture. The right to an effective remedy contained in Article 3 requires an opportunity for an effective, independent and impartial review of the decision to expel or return when there is a plausible allegation that issues under Article 3 arise.

11 November 2022 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Non-refoulement | Countries: Switzerland

28 January 2022 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Eritreans - Exhaustion of domestic remedies - Torture | Countries: Eritrea - Switzerland

Risque pour la vie et risque de torture ou de mauvais traitements en cas d’expulsion vers le pays d’origine

22 July 2021 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Switzerland

Committee found that the removal of the complainant to Ethiopia would not violate the State party’s obligation under Article 3 of the ECHR.

6 July 2012 | Judicial Body: UN Committee Against Torture (CAT) | Countries: Ethiopia - Switzerland

1 July 2011 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Decision on admissibility - Deportation / Forcible return - Exhaustion of domestic remedies - Non-refoulement - Rejected asylum-seekers | Countries: Congo, Republic of the - Switzerland

43rd session.

10 December 2009 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Rejected asylum-seekers | Countries: Côte d'Ivoire - Switzerland