Scandianvian Human Rights Lawyers
May 27, 2016 – FOR IMMEDIATE RELEASE
The European Court of Human Rights has decided to prevent the Swedish applicant's deportation to Afghanistan in the case of M.H. v. Sweden. The duty judge has decided, in the interests of the parties and the proper conduct of the proceedings before it, to indicate to the Government of Sweden, under Rule 39, that the applicant should not be expelled for the duration of the proceedings before the Court.
- The applicant has, during his stay in Sweden, converted from Islam to Christianity. The execution of the expulsion would entail a violation of Article 2 and 3 of the European Convention of Human Rights, as he on a return to Afghanistan would face the death penalty, torture or inhuman and degrading treatment, said Ruth Nordstrom, Senior Legal Counsel at Scandinavian Human Rights Lawyers.
- The applicant shows all the signs of having genuine Christian beliefs. He has exhausted all domestic remedies in Sweden. The Swedish authorities and courts have, at the initial determination of his asylum application, without reasonable grounds, made the assessment that his Christian beliefs are not genuine. An examination of how genuine the complainant's faith is, has not been done since before October 2013, because the Courts did not consider that any new facts had emerged in the case, says Rebecca Ahlstrand, Legal Counsel at Scandianvian Human Rights Lawyers.
- In accordance with ECtHR case F. G. v. Sweden (43611/11, G.C.., March 23, 2016) the right to manifest a person´s faith openly has to be weighed in the when states assess whether there is a risk of torture or death in the home country. The applicant had a well-founded fear of persecution because of religious beliefs and it is reasonable to assume that the applicant would be at risk of the death penalty or being subjected to corporal punishment, torture or other inhuman or degrading treatment or punishment, says Ruth Nordstrom.
The European Court of Human Rights may, under Rule 39 of its Rules of Court, indicate interim measures to any State party to the European Convention on Human Rights. Interim measures are urgent measures which, according to the Court’s well-established practice, apply only where there is an imminent risk of irreparable harm. Such measures are decided in connection with proceedings before the Court without prejudging any subsequent decisions on the admissibility or merits of the case in question. In the majority of cases, the applicant requests the suspension of an expulsion or an extradition. The Court grants such requests for an interim measure only on an exceptional basis, when the applicant would otherwise face a real risk of serious and irreversible harm.
The European Court Officer, Anders Månsson, has announced that the European Court has contacted the Swedish government to stop the deportation in the case of M.H. v. Sweden.
For more information contact:
Senior Legal Counsel, Scandinavian Human Rights Lawyers
Phone: +46-70 725 19 17
Legal Counsel, Scandinavian Human Rights Lawyers
Phone: +46–70 515 94 35
Scandinavian Human Rights Lawyers is a Non-Governmental Organization dedicated to the promotion and protection of human rights and human dignity in Scandinavia and Europe. Scandinavian Human Rights Lawyers implements an effective strategy of advocacy, networking and education on legal issues.