CAT/C/50/D/463/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fiftieth session)
concerning
Communication No. 463/2011
Submitted by:
D.Y. (represented by counsel, Eva Rimsten from
the Swedish Red Cross)
Alleged victim:
The complainant
State party:
Sweden
Date of complaint:
30 May 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish ment,
Meeting on 21 May 2013,
Having concluded its consideration of complaint No. 463/2011, submitted to the
Committee against Torture by Ms. Eva Rimsten on behalf of Mr. D.Y. under article 22 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Mr. D.Y., a national of Uzbekistan, born on 22 February 1981.
He currently resides in Sweden. He claims that his return to Uzbekistan by Sweden would
violate article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by counsel Eva Rimsten (from the Swedish
Red Cross).
1.2
Under rule 114 of its rules of procedure, the Committee requested the State party, on
10 June 2011, to refrain from expelling the complainant to Uzbekistan while his complaint
was under consideration by the Committee. Upon this request, on 13 June 2011, the
Migration Board decided to stay the enforcement of the complainant’s expulsion order.
Factual background
2.1
In early 2004, the complainant undertook his military service with the Air Forces,
where he served as a guard (lowest rank). In May 2005, the author’s unit received the
instruction to go to Andizjan (Andijan or Andijon) to suppress a violent demonstration that
was being held in this city. Upon arrival, the author was instructed to shoot against
demonstrators. He and other soldiers refused to obey this order, since most of the persons
2