CRPD/C/24/D/49/2018 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: Sweden 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) 1.1 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. 1.2 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. GE.21-05833(E)

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