Un case summaries
Committee against Torture, A.Y. v. Switzerland, CAT/C/74/D/887/2018, 30/01/2023
Country of applicant:
Eritrea
The Committee found a violation of Article 3 of the Convention against Torture (non-refoulement), considering that the State party failed to address the individual circumstances and risk profile of the complainant, namely the fact that she was a woman of conscription age and a “failed asylum seeker”, when ascertaining whether her return to Eritrea would pose a risk of torture and inhuman and degrading treatment. Also, it observed that the State disregarded her asylum claim relying on the report’s findings, which did not meet the impartiality required as evidentiary proof.
Date of decision:
30-01-2023