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