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

Examination of the same matter under another procedure of international investigation or settlement; non-exhaustion of domestic remedies Risk of torture upon return to country of origin; non-refoulement

31 August 2021 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: China - Switzerland

Risque de torture ou de peines ou traitements cruels, inhumains ou dégradants en cas d’expulsion (non-refoulement)

2 January 2020 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Indigenous persons - Minorities - Non-refoulement | Countries: Chile - Switzerland

9 October 2013 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Access to procedures - Immigration Detention - Non-refoulement - Prison or detention conditions - Regional instruments | Countries: Afghanistan - Austria - Hungary - Switzerland

16 August 2011 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Non-refoulement - Safe third country | Countries: Afghanistan - Switzerland

7 July 2011 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment - Non-refoulement - Sikh | Countries: India - Switzerland

1 July 2011 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment - Kurd - Non-refoulement - Political parties - Refoulement | Countries: Iran, Islamic Republic of - 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