CAT/C/63/D/744/2016 Advance unedited version
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is H.A., an Iranian national of Kurdish ethnicity born on 24
December 1989 in Iraq. His asylum request in Sweden was rejected and he claims that his
deportation to Iraq would constitute a violation by Sweden of article 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is
represented by counsel, Viktoria Nyström.
1.2
On 29 April 2016, the Committee, acting through its Rapporteur on new complaints
and interim measures, decided not to issue a request for interim measures.
1.3
On 31 January 2017, the Committee decided, in accordance with rule 115, paragraph
3, of its rules of procedure, to examine the admissibility of the complaint together with its
merits.
Factual background
2.1
The complainant is an Iranian national of Kurdish ethnicity, born and raised in the
Kurdistan Region of Iraq (KRI), where he lived in different refugee camps. 1 At an unknown
date after the Iranian revolution of 1979, his family fled from Iran to Iraq because his father
and grandfather belonged to the opposition party in Iran, the Kurdish Democratic Party of
Iran (KDPI). His father and grandfather were among the founders of the party, and thus
amongst the most well-known members of the party, and were both members of
Peshmerga.2 Growing up in such a family made the complainant himself being very active
with the KDPI and having close relationships to some of the highest-level leaders within
the KDPI. He himself has been the leader of the KDPI’s youth wing3 and also active in the
party’s choir. In that capacity, he allegedly appeared in newspapers, radio and TV as
representing the party. The main reason why he fled to Sweden was his active involvement
with the KDPI in Iraq. Even since moving to Sweden, the complainant has been active
within the party.4
2.2
The complainant entered Sweden on 16 August 2012 and applied for asylum on
17 August 2012. He submitted that he was an Iranian citizen residing in Iraq but that, as an
active member of the KDPI, his life would be in danger in Iran, and that he could not return
to Iraq because he had no valid permit.
2.3
On 17 May 2013, the Migration Agency dismissed the complainant’s request for
residence and work permits and travel documents because he was deemed to be a refugee in
Iraq. It therefore ordered his expulsion to Iraq.
2.4
On 20 June 2013, the Migration Court set aside the decision of the Migration
Agency and referred the case back to the Agency for re-examination. The Court found that
it had not been demonstrated that the complainant had been declared a refugee in Iraq or
that he was entitled to the corresponding protection. There were thus no grounds for
presuming such protection.
2.5
On 25 December 2013, the Migration Agency rejected the complainant’s application
for a residence permit and a work permit and decided not to grant him a refugee status
1
2
3
4
2
According to the complainant, these refugee camps are run by the Kurdish Democratic Party of Iran
(KDPI) and serve as a living place for many members of the KDPI and Peshmerga.
The complainant submits that due to his membership in Peshmerga, his grandfather faced prison in
such conditions that he lost one leg. He also pretends that, given his grandfather’s engagement with
the KDPI, Al-Jazeera made a documentary about him, as a key actor of the party.
A letter issued on 16 August 2012 by the Leadership Committee of Democratic Youth Union of the
East of Kurdistan certifies that the complainant is a member of that Union. The complainant also
provided several pictures attesting his involvement with the party.
A letter issued on 2 January 2013 by the Organization Department of the KDPI and addressed to the
Swedish authorities certifies that the complainant’s father and grandfather were active members of the
party, being thus under “strict pressure by the Islamic Regime of Iran” and consequently, if the
complainant would be deported, “he would, no doubt, face the danger of execution.”.