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.

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