X and Y v. Switzerland

In the light of the foregoing, the Committee, acting under article 22 (7) of the Convention, decides that the removal of the complainants by the State party to Kosovo, where they would face a real risk of being forcibly transferred to and subjected to torture in Türkiye, would constitute a violation of article 3 of the Convention. 9. The Committee is of the view that, in accordance with article 3 of the Convention, the State party has an obligation to refrain from forcibly returning the complainants to Kosovo.