CAT/C/20/D/61/1996
page 4
The complaint
3.1
The authors claim that their return to Zaire would constitute a
violation of article 3 of the Convention against Torture by Sweden. The
authors fear that if they were to return to Zaire they would be treated in the
same way in which they have been treated in the past, stating that: their
political party is banned; the leaders of the party are still in exile; and
the political situation in Zaire remains essentially the same as when they
left. They submit that their personal background shows that they personally
would be at risk of torture if returned to Zaire and that there is, in
addition, in Zaire a consistent pattern of gross and massive violations of
human rights.
The State party’s observations
4.
On 22 November 1996, the Committee acting through its Special Rapporteur
for New Communications, requested the State party not to expel or deport Z to
Zaire while her communication was under consideration by the Committee.
5.1
By submission of 11 February 1997, the State party informs the Committee
that the Immigration Board has suspended the authors' expulsion, following the
Committee's request.
5.2
Regarding the domestic procedure, the State party explains that the
basic provisions concerning the right of aliens to enter and to remain in
Sweden are found in the 1989 Aliens Act. For the determination of refugee
status there are normally two instances, the Swedish Immigration Board and the
Aliens Appeals Board. In exceptional cases, an application is referred to the
Government by either of the two Boards. In this context, the State party
explains that the Government has no jurisdiction of its own in aliens cases
not referred to it by either of the two Boards and that not referred cases are
determined by the Boards independently and with no interference by the
Government. The Swedish Constitution, Chapter 11, section 7, prohibits any
interference of the Government, Parliament or any other public authority in
the decision making of an administrative authority. The State party submits
that, in this respect, an administrative authority, such as the Immigration
Board and the Aliens Appeals Board, enjoys the same independence as a court of
law.
5.3
Chapter 8, section 1, of the Act corresponds with article 3 of the
Convention against Torture and states that an alien, who has been refused
entry or who shall be expelled, may never be sent to a country where there is
firm reason to believe that he or she would be in danger of suffering capital
or corporal punishment or of being subjected to torture, nor to a country
where he is not protected from being sent on to a country where he would be in
such danger. Further, under chapter 2, section 5, subsection 3, of the Act,
an alien, who is to be refused entry or expelled, can apply for a residence
permit if the application is based on circumstances which have not previously
been examined in the case and if either the alien is entitled to asylum in
Sweden or if it will otherwise be in conflict with humanitarian requirements
to enforce the decision on refusal of entry or expulsion. Applications under
section 5 are dealt with by the Aliens Appeals Board.