United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
3 May 2021
Original: English

Committee on the Rights of Persons with Disabilities

Decision adopted by the Committee under article 2 of
the Optional Protocol, concerning communication
No. 49/2018*, **
Communication submitted by:

M.Y. (represented by counsel, Robert Nyström)

Alleged victim:

The author

State party:


Date of communication:

29 March 2018 (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 3 April 2018 (not issued in
document form)

Date of adoption of decision:

19 March 2021

Subject matter:

Deportation to Afghanistan

Procedural issues:

Substantiation of claims; admissibility ratione
materiae; admissibility ratione loci; exhaustion
of domestic remedies

Substantive issues:

Freedom from torture and cruel, inhuman or
degrading treatment; discrimination on the
ground of disability; rehabilitation

Articles of the Convention:

15, 16 and 26

Articles of the Optional Protocol:

1 and 2 (c), (d) and (e)

The author of the communication is M.Y., a national of Afghanistan, born in 1998.
His application for asylum has been rejected in Sweden and he risks deportation. He claims
that, by deporting him to Afghanistan, the State party would violate his rights under articles
15, 16 and 26 of the Convention. The Optional Protocol to the Convention entered into force
for the State party on 14 January 2009. The author is represented by counsel.
On 3 April 2018, the Special Rapporteur on new communications and interim
measures, acting on behalf of the Committee under article 4 of the Optional Protocol to the
Convention, requested the State party to refrain from deporting the author to Afghanistan
pending the examination of the communication by the Committee.
* Adopted by the Committee at its twenty-fourth session (8 March–1 April 2021).
** The following members of the Committee participated in the examination of the communication:
Rosa Idalia Aldana Salguero, Soumia Amrani, 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.


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