CRPD/C/25/D/58/2019 United Nations Convention on the Rights of Persons with Disabilities Distr.: General 11 October 2021 Original: English Committee on the Rights of Persons with Disabilities Views adopted by the Committee under article 5 of the Optional Protocol, concerning communication No. 58/2019*, ** Communication submitted by: Z.H. (represented by counsel Rönnow Pessah, replaced by Linnea Midtsian) Alleged victim: The author State party: Sweden Date of communication: 15 April 2019 (initial submission) Document references: Decision taken pursuant to rules 64 and 70 of the Committee’s rules of procedure, transmitted to the State party on 30 April 2019 (not issued in document form) Date of adoption of Views: 6 September 2021 Subject matter: Deportation to Afghanistan; lack of access to adequate medical treatment Procedural issues: Substantiation of claims; admissibility ratione materiae; admissibility ratione loci; exhaustion of domestic remedies; examination of the same matter by another procedure of international settlement Substantive issues: Right to life; freedom from torture and cruel, inhuman or degrading treatment; discrimination on the ground of disability; equal recognition before the law; access to justice Articles of the Convention: 10, 12, 13 and 15 Articles of the Optional Protocol: 1 and 2 (b), (c), (d) and (e) 1.1 The author of the communication is Z.H., a national of Afghanistan born in 1990. His application for asylum has been rejected by the State party. He claims that his deportation to Afghanistan would constitute a violation of his rights by the State party under articles 10 and 15 of the Convention. He also claims that he had no access to justice and was not treated with equal recognition before the law by the domestic authorities in the course of his asylum * Adopted by the Committee at its twenty-fifth session (16 August–14 September 2021). ** The following members of the Committee participated in the consideration of the communication: Rosa Idalia Aldana Salguero, Danlami Umaru Basharu, Gerel Dondovdorj, Gertrude Oforiwa Fefoame, Vivian Fernández de Torrijos, Odelia Fitoussi, Mara Cristina Gabrilli, Amalia Eva Gamio Ríos, Samuel Njuguna Kabue, Rosemary Kayess, Kim Mi Yeon, Sir Robert Martin, Floyd Morris, Jonas Ruskus, Markus Schefer, Saowalak Thongkuay and Risnawati Utami. GE.21-14518(E)

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