Expulsion of trafficking victim is stopped by the UN Committee Against Torture

Scandinavian Human Rights Lawyers
March 18, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

https://www.youtube.com/watch?v=8AzPQbOPv5c

Expulsion of trafficking victim is stopped by the UN Committee Against Torture

Scandinavian Human Rights lawyers represent Joy, who survived human trafficking for sexual purposes, and her little son. The family’s application for asylum was rejected in Sweden and the Swedish Migration Board has decided on expulsion. In the case, the Civil Society Platform against Trafficking in Human Beings has argued that Joy and her son, are at risk of being subjected to violence, trafficking and, in worst case, death by the criminal network of traffickers who have sold and exploited her previously. After the Scandinavian Human Rights lawyers filed a complaint with the UN Committee against Torture, the Committee has decided to request that the Swedish government stops the expulsion and that the matter will be examined by the Committee.

- It is not possible to describe in words how happy the clients are that they are now informed that the deportation is stopped. We claim that a deportation of the family is contrary to Article 3 of the UN Convention against Torture and Article 3 of the European Convention. It follows from these provisions that a state may not execute a rejection or expulsion order in a country if the alien is at risk of being subjected to torture and other cruel, inhuman or degrading treatment or punishment in that country. Current country information describes major risks for a previous traffic victim when returning to Nigeria. The Nigerian authorities often lack resources to protect the victims. Our clients are thus at great risk of being exposed to torture or other inhuman treatment, says Ruth Nordström, Chief Legal Counsel Scandinavian Human Rights Lawyers

- It is worrying that Swedish authorities do not take into account the specific aspects in cases involving victims of human trafficking as they examine these cases. Officers at Swedish authorities do not seem to apply the specific commitments that Sweden has made regarding victims of human trafficking and the often deeply traumatic experiences that the victims and their children have been subjected to, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- Sweden's international commitments, under the UN Convention against Torture, the European Convention and the Convention on the Rights of the Child, mean that every child has the right to protection and respect for human rights. The Swedish Migration Board and Swedish courts have not sufficiently considered and applied these conventions in the process. An expulsion is thus contrary to human rights and to the child's best interests, says Ruth Nordström, lawyer at the Scandinavian Human Rights Lawyers.

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Explusion of Christian convert stopped by the UN Committee against Torture

Scandinavian Human Rights Lawyers
March 14, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Expulsion of Christian convert stopped by the UN Committee against Torture

Swedish Television has drawn attention to the case of the two brothers Ali and Abolfazl, where the Migration Board has decided to expel the little brother Abolfazl to Afghanistan while big brother Ali received a temporary residence permit together with their parents: https://www.svt.se/nyheter/lokalt/uppsala/han-ska-utvisas-till-afghanistan-haller-sig-gomd-i-uppsala

After Scandinavian Human Rights Lawyers filed a complaint with the UN Torture Committee, the Committee has decided to request that the Swedish Government stop the expulsion Abolfazl and that his case should be examined by the Committee.

- In our complain, we have claimed that an expulsion of our client is contrary to Article 3 of the UN Convention against Torture and Article 3 of the European Convention. It follows from these provisions that a state may not execute an expulsion order to a country if the alien is at risk of being subjected to torture and other cruel, inhuman or degrading treatment or punishment in that country. We argue that our client is a genuine convert and it is undisputed that Christian converts are being sentenced to death and tortured in Afghanistan, where the persecution of Christians is at an extreme level, says Ruth Nordström, Chief Lawyer, Scandinavian Human Rights Lawyers

- We have represented converts in a large number of cases, and it is clear that the assessment of genuine conversion is often deficient and unreliable. For example, there is no expert knowledge about religion and conversion among the authorities and the assessments lack in objectivity. This contradicts, for example, UNHCR's recommendations, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- We look seriously at the shortcomings that occur in asylum investigations that concern religious beliefs and conversions within Swedish authorities, and are therefore delighted that the UN once again stops an expulsion concerning a convert, says Ruth Nordström, chirf lawyer, Scandinavian Human Rights Lawyers.

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

International Women's Day: A story about Madeleine, a victim of human trafficking.

Scandinavian Human Rights Lawyers
8 March, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

 

Joy’s story

Scandinavian Human Rights Lawyers have for several years represented the victim of human trafficking, Joy, * and her three year old son, in their asylum process. After a long struggle, they have been granted permanent residence permits in Sweden and can begin a new life and feel hope for the future again. On the International Women’s Day 2019, Scandinavian Human Rights lawyers wish to share Joy’s story through a short film and in this way shed light on the cruel exploitation that many women are exposed to throughout the world through the ongoing human trafficking.

During an oral hearing in the Migration Court in Gothenburg, Human Rights Lawyers referred to the obligations that Swedish authorities have to protect victims of human trafficking. In addition, an expulsion would be contrary to the right to private and family life, in accordance with Article 8 of the European Convention and, moreover, to the provisions of the Convention on the Rights of the Child and the principle of the best interests of the child.

In 2018, the Migration Court decided that Joy and her son would be granted permanent residence permisa in Sweden and in their judgment referred to the right to private and family life and the best interests of the child, together with the fact that it was shown that Joy was a victim of human trafficking and that she therefore needed the extra support measures she currently receives in Sweden.

* Joy is actually called something else.

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Scandinavian Human Rights Lawyers
6 February, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Scandinavian Human Rights lawyers have since 2017 represented the Pakistani convert and human rights activist Abdul in his asylum process.

Scandinavian Human Rights lawyers have since 2017 represented the Pakistani convert and human rights activist Abdul in his asylum process. Abdul fled to Sweden after he was subjected to detention and torture in Pakistan. During his time in Sweden, he converted from Islam to Christianity. All Swedish authorities rejected his application for a residence permit and decided to expel him, despite the risk of torture and death penalty in Pakistan, which is one of the world's most dangerous countries for Christians and where political opponents in Balochistan are subjected to arrests, enforced disappearances and are subjected to torture and extrajudicial killings by the Pakistani government.

In January 2018, the Scandinavian Human Rights Lawyers submitted a complaint to the UN Committee against Torture, which immediately, through interim measures, stopped the expulsion (A.M. v. Sweden, ref. 859/2018). After a while, the expulsion decision was statute-barred in Sweden and the case was therefore referred back to Sweden by the Committee because there was no longer any risk of expulsion. The Swedish authorities then re-examined Abdul's activities, both as a convert and as a politically active human rights activist, and a lawyer from the Scandinavian Human Rights Lawyers was appointed as a public counsel.

In early February 2019, the Migration Board decided to grant Abdul a residence permit and refugee status. The Migration Board found that there was a risk for ill-treatment and that Abdul had shown that he was politically active still in Sweden and that he had been a Christian for a long time.

”It gives us great satisfaction that the Migration Board has now decided to grant our client a residence permit and refugee status. Taking into account the extensive evidence that has existed and which strengthens the client's conversion and political views, it is a reasonable and well-founded decision. However, it is worrying that it took so long and required such extensive work, including a complaint to the UN Committee Against Torture, before the Migration authorities came to this decision, ” says Rebecca Ahlstrand, lawyer and public counsel of the client, Scandinavian Human Rights Lawyers.

”The case is of principle importance and shows how difficult it is for converts to show that they have a genuine conviction. During the client's interviews in his first basic process, deficient questions were posed and it is obvious that greater expertise had been needed within the authorities. The new examination in Sweden in 2018, after the complaint to the UN, held a higher quality. Our hope is that similar cases will be examined with objectivity and legal certainty in the migration process, ” says Rebecca Ahlstrand, lawyer and public counsel of the client, Scandinavian Human Rights Lawyers.

”It is of the utmost importance that questions to converts meet the requirements which are necessary when it comes to objectivity and legal certainty and that the Migration Board makes an overall assessment of all circumstances, for example the total time that a person has been a Christian. This is not always done, but in the present case some consideration seems to have been taken to this circumstance, which is satisfying, ” says Ruth Nordström, Chief Legal Counsel of Scandinavian Human Rights Lawyers.

The case in Media:

Newspaper Dagen: https://www.dagen.se/news/fn-tortyrkommitte-stoppar-visit-convertit-1.1087779
https://www.dagen.se/abdul-malik-klarade-inte-handlaggarens-husforhor-riskerar-att-utvisas-till-pakistan-1.997761

Newspaper Världen idag: https://www.varldenidag.se/nyheter/stoppade-utvisning-av-konvertit/BbbpeD!fbqrW0C6Ldo4RZRkVABCYw/

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

We represent Joy and her little son, Nathan. The Migration Board has decided to expel them despite the risk of being subjected to violence, re-trafficking and in worst case, death - by the criminal network that sold and exploited Joy earlier. Now we are complaining to the UN Committee Against Torture. The background is that Joy was exposed to human trafficking  in Greece together with several other girls in captivity and was used in prostitution under slave-like conditions for 17 months. She was exposed to massive trauma exposure and to both physical and psychological threats and violence. During this time, Joy got pregnant. During a raid against the brothel, Joy, who was pregnant in the fourth month, managed to flee to Sweden, where she gave birth to her child.

Now, we need your support. Read more about how to give a donation here. Mark your gift with "joy"

 

 

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

The Board of Appeal for Student Support decided to overturn the decision of the Central Student Support Board (CSN) and grant student support to the Human Rights Lawyers' client in a precedential case regarding study support for foreign studies.

- The decision of the Board of Appeal is welcome; There has been no other indication than that the university in question has a democratic value base that is in accordance with the values ​​set out in the curriculum for the Swedish school and is consistent with human rights, said Ruth Nordström, Chief Lawyer at the Scandinavian Human Rights Lawyers

- The Board of Appeal's decision is very pleasing - it would have resulted in serious consequences for Swedish students if the possibility of study support for foreign studies would have been restricted to the extent that CSN claimed in their decision, said Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

The Central Student Support Commission (CSN) has in several cases denied study funding for international studies for theological and other studies with a Christian connection in, among others, the United States. The background is the new provisions of the Study Support Regulation, which entered into force on May 1, 2018, which increases the authority's ability to deny study funding in certain situations. The preparatory work of the new regulations clarifies that study funding is not intended for education abroad that is incompatible with Swedish regulations, such as provisions on human rights and freedoms in Chapter 1. Section 2 of the Constitution (Regeringsformen) and the principle of non-discrimination. The new rules were added, inter alia, following extensive criticism that Swedish study funding funded 71 Swedish students at the ultra-conservative Medina University in Saudi Arabia.

CSN found that the current studies at Christian colleges and universities did not have any shortcomings in their content or values, but that the admissions process was such that they were open only to persons with Christian conviction. Human rights lawyers appealed against the decision as legal counsels of one of the applicants, stating, inter alia, that the Swedish Discrimination Act is unique in a global context. Almost all top universities in the United States use quotas and provide, for example, benefits to people of certain ethnicity. Even this type of selection method where, for example race, gender and other demographic background affects the ability to be admitted to a university is discriminatory in comparison with Swedish conditions. If discrimination in the admissions process alone could be used as a basis for denying study support for foreign studies, a large group of Swedish students in the whole world would be affected. If their study support would be taken away Swedish students would be isolated internationally. In view of the fact that, in the preparatory works, it was emphasized that the amendment of the law would only concern a smaller group of students, the current application could not have been intended. In the review it is important to assess the value base for the school and not only the admission system as such by means of an overall assessment.

The Board of Appeal decided supported the view of Scandinavian Human Rights Lawyers and overturned CSN's decision and granted the student support for study. The case is precedent for future application of the provision in question.

For more information:

Email: info@shrl.eu
Web: humanrightslawyers.eu

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Since 2016, the Scandinavian Human Rights Lawyers have represented the human trafficking victim Madeleine* and her three-year-old son in their asylum process. In May of 2018 they finally won and were granted permanent residence permits in Sweden.

During an oral hearing in the Migration Court in Gothenburg the Scandinavian Human Rights Lawyers claimed that an expulsion would violate the right to privacy and family life, according to Article 8 of the European Convention and, moreover, to the provisions of the Child Convention and the principle of the best interests of the child. The Migration Court referred in its decision to the right to privacy and family life as well as the best interests of the child together with the fact that Madeleine was found to be a victim of trafficking in human beings and that she therefore needed the extra support efforts she currently has in Sweden. Due to a number of circumstances, including the exceptional circumstances of the case and because of the child's psychosocial development, as well as the fact that the child's father lives in Sweden, the Migration Court considered that Madeleine and her son should be granted permanent residence in Sweden.

- It is very satisfying that the Migration Court has decided to grant permanent residence permits to our clients and that the Court takes special consideration to the best interests of the child and the right to privacy and family life and the exceptional circumstances that apply to human trafficking victims, ​​said Ruth Nordström Senior Legal Counsel at the Scandinavian Human Rights Lawyers.

- Human trafficking victims are particularly vulnerable, and when significant support and relief efforts have been given in Sweden with good results, it is no more than reasonable that the family is allowed to stay in Sweden and not be forced to move to another EU country where all good results are likely to be destroyed because of a lack support, language skills, connection or network in general, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- The case shows that our intense work to help and support victims of trafficking can have major and positive consequences in the lives and future of individual people. We continue to work for new practices to be established, where the Migration Board and the Migration Courts correctly apply the conventions that Sweden has undersigned on the area of human trafficking and human rights, said Ruth Nordström, Chief Legal Attorney at the Scandinavian Human Rights Lawyers.

- The Migration Board has in no way chosen to take account of our clients' specific vulnerabilities as victims of trafficking in human beings or that the Civil Society Platform against Trafficking Sweden identified them as victims of trafficking and has given them significant support efforts. We hope and believe that the current case will contribute to raising awareness at the Swedish Migration Board about the exceptional circumstances that exist in cases concerning victims of human trafficking, said Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

The case concerns the orphan Madeleine, who as a child was forced to prostitution in her native country in West Africa, where she was subjected to trafficking in human beings. She eventually managed to flee and ended up in Sweden where she applied for asylum. Her application was rejected, even after several appeals. During her stay in Sweden she gave birth to her son whose father is a European citizen. After a number of years, a new process began in Sweden, and the Scandinavian Human Rights Lawyers became legal counsels.

The Migration Court in Gothenburg decided after an oral hearing in the case, to grant Madeleine and her son a permanent residence permit because of what was considered to be "extremely distressing circumstances". The son is born in Sweden and his father is an EEA citizen. During the judicial process, Scandinavian Human Rights Lawyers assisted the son in establishing paternity, and then also his legitimate EU citizenship, which was of major importance in the case. The Migration Court found that in order for the boy to enjoy his rights as a citizen of the EU, his mother Madeleine can not be expelled to her native country of Guinea, Africa, as she is his primary guardian.

The Migration Board appealed the decision to the Supreme Court, but on May 8, the Migration Supreme Court decided not to grant a probation permit in the case, which means that the decision of the Migration Court is now settled.

* Madeleine is a fictive name.

For more information contactRuth Nordström, chairman SHRL
Email: info@shrl.eu or ruth.nordstrom@shrl.eu
Phone: +46 70-725 19 17

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.