CAT/C/47/D/365/2008 Annex Decision of the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (forty-seventh session) concerning Communication No. 365/2008 Submitted by: S.K. and R.K. (unrepresented) Alleged victims: The complainants State party: Sweden Date of the complaint: 19 November 2008 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 21 November 2011, Having concluded its consideration of complaint No. 365/2008, submitted to the Committee against Torture by S.K. and R.K. 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 complainants and the State party, Adopts the following: Decision under article 22, paragraph 7, of the Convention against Torture 1.1 The complainants are R.K., born in 1981, and S.K., born in 1980, both brothers and nationals of Afghanistan, currently awaiting deportation from Sweden to Afghanistan. They claim that their removal to Afghanistan would constitute a violation by Sweden of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. They are unrepresented. 1.2 On 21 January 2009, the State party was requested, pursuant to rule 115, paragraph 1 (formerly rule 108, para. 1), of the Committee’s rules of procedure (CAT/C/3/Rev.5), not to expel the complainants while their complaint is under consideration by the Committee. The facts as presented by the complainants 2.1 In 1980, during the war with the former Union of Soviet Socialist Republics, the complainants’ family left Afghanistan for the Islamic Republic of Iran. At that time, S.K. was 6 months old, while his brother, R.K., was born in Iran. 2.2 In 1990, due to the harsh living conditions in the Islamic Republic of Iran, the family decided to leave for Pakistan, where they lived as refugees in Quetta from 1990 to 1995. In 1995, the complainants’ father died from a heart attack and left them with no means to survive. In the same year, the family moved back to seek asylum in Iran. 2

Select target paragraph3