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

8 March 2017 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Convention against Torture (CAT) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Social group persecution - State protection | Countries: Mexico - United States of America

3 February 2016 | Judicial Body: Australia: High Court | Topic(s): 1951 Refugee Convention - Asylum-migration nexus - Constitutional law - Convention against Torture (CAT) - Immigration Detention - Refugee / Asylum law | Countries: Australia

29 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Convention against Torture (CAT) - Discrimination based on race, nationality, ethnicity - Generalized violence - International Covenant on Civil and Political Rights (ICCPR) - Non-state agents of persecution - Physical harm - Roma - Threats / Intimidation - Well-founded fear of persecution | Countries: Czech Republic - New Zealand - Slovakia

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Well-founded fear of persecution | Countries: New Zealand - Ukraine

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Appeal / Right to appeal - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Well-founded fear of persecution | Countries: New Zealand - Ukraine

11 June 2015 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Appeal / Right to appeal - Convention against Torture (CAT) - Mentally disadvantaged persons - Refugee / Asylum law - Threats / Intimidation - Well-founded fear of persecution | Countries: Honduras - United States of America