CAT/C/20/D/83/1997
page 4
State party’s observations
4.1
On 1 August 1997, the Committee, through its Special Rapporteur,
transmitted the communication to the State party for comments and requested
the State party, under rule 108, paragraph 9, of the rules of procedure, not
to expel the author while her communication was under consideration by the
Committee.
4.2
By submission of 30 September 1997, the State party informs the
Committee that, following its request under rule 108, paragraph 9, the Swedish
Immigration Board has decided to stay the expulsion order against the author
while her communication is under consideration by the Committee.
4.3
As regards 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, as amended on 1 January 1997. For
the determination of refugee status there are normally two instances, the
Swedish Board of Immigration and the Aliens Appeal 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 cases not referred to it by either of the
boards. Decisions to refer a given case to the Government are taken by the
boards independently. The State party clarifies that the Swedish Constitution
prohibits any interference by the Government, the Parliament or any other
public authority in the decision-making of an administrative authority in a
particular case. According to the State party, the Swedish Board of
Immigration and the Aliens Appeal Board enjoy the same independence as a court
of law in this respect.
4.4
As of January 1997, the Aliens Act has been amended. According to the
amended Act (chapter 3, section 4, in conjunction with section 3), an alien is
entitled to a residence permit if he or she experiences a well-founded fear of
being subjected to the death penalty or to corporal punishment or to torture
or other inhuman or degrading treatment or punishment. Under chapter 2,
section 5 (b) of the Act, an alien who is refused entry, can reapply 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. New
circumstances cannot be assessed by the administrative authorities ex officio,
but only upon application.
4.5
Chapter 8, section 1 of the Act, which corresponds to article 3 of the
Convention against Torture, has been amended and now provides that an alien,
who has been refused entry or who shall be expelled, may never be sent to a
country where there are reasonable grounds (previously firm reasons) to
believe that he or she would be in danger of suffering capital or corporal
punishment or of being subjected to torture or other inhuman or degrading
treatment or punishment (text in italics added in the revised text), nor to a
country where he is not protected from being sent on to a country where he
would be in such danger.