CAT/C/37/D/286/2006
Page 3
Iraqis, but the boat capsized. The complainant, who was collected by Israelis, applied for
asylum in Israel and sought Israeli protection against being returned to Iraq.
2.2 The complainant’s enemies in Iraq, including his former wife and her new husband,
informed the media in Iraq that he had sought asylum in Israel. According to the complainant,
this fact was spread in Iraq and he was accused of having converted to Judaism. Counsel
indicates that the situation of Jews, and of anyone who is seen to collaborate with Judaism, is
difficult in Iraq. To illustrate this point, she refers to a fatwa issued in June 2003 according to
which every Jew who buys land or a house in Iraq must be executed and it is forbidden for all
Iraqis to sell land or houses to people who might be Jewish. While the complainant initially
claimed that a fatwa had been issued against him, counsel submits a copy of the fatwa, and
refers to correspondence with Professor H. from Lunds University. According to him, that
fatwa is probably taken from a book of fatwas written by a Shiaa religious authority and is
not specifically issued against the complainant. The fatwa allows anyone to kill people who
collaborate with Jews or who have abandoned the Islamic religion. According to professor H.,
the complainant’s life is probably at great risk because many people in Iraq believe that he
has abandoned Islam. The complainant submits a letter from the President of the Swedish
Muslim Association confirming that a mere rumour that a person has converted to Judaism is
sufficient to put that person’s life at risk, and recommending the Swedish authorities not to
deport the complainant to Iraq.
2.3 The complainant claims that the situation in Iraq remains extremely violent and instable.
Due to the chaotic situation there, it is unlikely that he can get protection from the authorities.
The complaint
3.
The complainant claims that his deportation to Iraq would constitute a violation of
article 3 of the Convention, as he has a strong fear of being punished with death or being
tortured or exposed to inhuman or degrading treatment because of the general situation in
Iraq, the fatwa, and the fact that he applied for asylum in Israel and has been accused of
having collaborated with Judaism.
State party’s observations on the admissibility and the merits
4.1 On 5 July 2006, the State party commented on the admissibility and merits of the
communication. On the facts, the State party indicates that the complainant entered Sweden
on 20 September 1999 and applied for asylum on 23 September 1999. He has provided
conflicting information at different stages of the asylum proceedings.
4.2 During his initial interview held upon arrival, he stated that he belonged to an
oppressed family in Iraq, and that following the Intifada, both he and two of his brothers were
wanted by the police. After his brothers left the country, he became a wanted person because
his brothers were considered as traitors. He left Iraq in 1995 and went to Lebanon, where he
temporarily received refugee status. In 1997, he left Beirut on a boat, but the boat went astray
and ended up in Israel, from where he was expelled to Lebanon. In reply to a direct question
from the interviewer, the complainant stated that he had not been politically active and had
not been a member of any political party. He added that he had been detained from January to
November 1983 and had been accused of not informing the authorities about the relatives’
membership in a political party. During the interrogations while in detention, he was battered
by the Iraqi police.