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CAT/C/82/D/1060/2021

S.M., E.D., S.M., M.M., A.M., M.M. and A.M. v. Sweden

UNO-Ausschuss gegen Folter (CAT) · 2025-04-10 · en UN

Discontinuance decision; Subjects: SWEDEN, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]

Volltext (verifizierbarer Originaltext)

GE.25-07346 (E) 170625 170625 Committee against Torture Decision adopted by the Committee under the Optional Protocol, concerning communication No. 1060/2021*, ** Communication submitted by: S.M., E.D., S.M., M.M., A.M., M.M. and A.M. (represented by counsel, Yegor Boychenko) Alleged victims: The complainants State Party: Sweden Date of complaint: 22 February 2021 (initial submission) Substantive issues: Deportation to the Russian Federation; risk of torture 1. The complainants are S.M., E.D. and their five children, nationals of the Russian Federation. They claim that, by deporting them to the Russian Federation, the State Party would violate their rights under article 3 of the Convention. The complainants are represented by counsel. 2. On 5 March 2021, the Committee registered the communication and requested the State Party to refrain from removing the family to the Russian Federation while the communication was pending before the Committee. 3. On 2 November 2021, the State Party provided its observations on the admissibility and merits of the communication, which were transmitted to the complainants on 3 June 2022. 4. On 1 August 2022, the complainants submitted comments on the State Party’s observations. 5. On 8 September 2023, the State Party informed the Committee that removal orders concerning S.M., E.D. and two of their children had become statute-barred and that they had submitted new applications for asylum and residence permits before the Migration Agency on 21 February 2022. The State Party also informed the Committee that the application for another of their children had been referred back to the Migration Agency on 4 April 2022 by the Migration Court so that it could be examined together with the parents’ applications. The removal orders relating to the two remaining children would become statute-barred on 22 October 2023 and 14 February 2024. 6. On 23 January 2024, the complainants informed the Committee that they had applied for asylum and residence permits again, and these applications are pending before the Migration Agency. The complainants requested the Committee to continue with the examination of their communication. On 13 May 2024, the complainants informed the

* Adopted by the Committee at its eighty-second session (7 April–2 May 2025). ** The following members of the Committee participated in the examination of the communication: Todd Buchwald, Jorge Contesse, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen, Maeda Naoko, Ana Racu, Abderrazak Rouwane and Bakhtiyar Tuzmukhamedov. United Nations CAT/C/82/D/1060/2021 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 17 June 2025 Original: English CAT/C/82/D/1060/2021 2 GE.25-07346 Committee that all removal orders had become statute-barred and that their new asylum applications had been rejected. The complainants requested the Committee to continue with the examination of their communication. On 11 June 2024, the complainants informed the Committee that they had appealed the decision of the Migration Agency to the Migration Court but that the Migration Court had not yet decided on their case. On 23 August 2024, the complainants confirmed that the Migration Court had not yet decided on their case. 7. On 6 December 2024, the complainants informed the Committee that they had decided not to pursue their communication. On 3 January 2025, the complainants requested that consideration of the communication be discontinued. 8. At its meeting on 10 April 2025, the Committee, taking into account that the complainants had requested that consideration of the communication be discontinued, decided to discontinue the consideration of communication No. 1060/2021.