Communicated on 22 July 2016

THIRD SECTION

Application no 41282/16 M.O. against Switzerland lodged on 13 July 2016

STATEMENT OF FACTS

1 . The applicant is an Eritrean national, who was born in 1990. The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 4). He is represented before the Court by Mr Schuler and Ms Stettler , lawyers practising in Zürich.

2 . The applicant grew up in Eritrea and left the country in 2013. The applicant ’ s asylum request in Switzerland was denied by the State Secretariat for Migration ( Staatssekretariat für Migration ) , which in addition ordered the applicant ’ s departure from Switzerland. The applicant was also informed that if he would not leave Switzerland voluntarily, he could be detained and forcibly returned to his home country.

COMPLAINTS

3 . The applicant complains under Article 3 of the Convention that he would be subjected to treatment in violation of Article 3 when returned to Eritrea. He believes, in particular, that he would be arrested upon his return and subsequently detained, tortured and interrogated by the Eritrean secret service or police.

4 . The applicant further invokes Article 4 of the Convention, because after a possible detention he would also be returned to an indefinite military service in Eritrea, which has to be equated to slavery/forced labour.

QUESTIONS

1. In the light of the applicant ’ s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if he would be deported to Eritrea?

2. In the light of the applicant ’ s claims and the documents which have been submitted, would he face a risk of being subjected to servitude and/or forced labour in the Eritrean military in breach of Article 4 of the Convention if he would be deported to Eritrea?