CAT/C/82/D/1223/2024

GE.25-07344 (E) 170625 170625 Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1223/2024*, ** Communication submitted by: T.H. (represented by counsel, Ali Yildiz) Alleged victim: The complainant State Party: Sweden Date of complaint: 28 September 2024 (initial submission) Substantive issues: Deportation to Türkiye; risk of torture 1. The communication, dated 28 September 2024, was submitted by T.H., a national of Türkiye. The complainant alleges that, by deporting him to Türkiye, Sweden would violate his rights under article 3 of the Convention. He is represented by counsel. 2. On 3 October 2024, the Committee registered the communication and requested the State Party to refrain from returning the complainant to Türkiye while his communication was pending before the Committee. 3. On 26 March 2025, the State Party requested that the communication be discontinued because the complainant had been granted a new examination due to new circumstances by decision of the Migration Agency on 17 December 2024. The State Party explains that this means that the complainant’s case will be examined on the merits by the Migration Agency, and the complainant will have the possibility to appeal the decision of the Migration Agency to one of the migration courts and, further, to the Migration Court of Appeal. The granting of a new examination also entails a stay of the expulsion order until the complainant’s case has been examined and, therefore, the removal order is currently not enforceable. 4. On 31 March 2025, the complainant confirmed that the Migration Agency had granted him a new examination of his asylum claims following the Committee’s decision of 3 October 2024 concerning interim measures. The complainant disagrees with discontinuing the communication because he still has a legitimate interest in obtaining a decision from the Committee. If his asylum request were to be rejected following the new examination, he would have to reinitiate the entire judicial process. The complainant argues that nothing in the rules of procedure of the Committee indicates that a partial reopening of an asylum case automatically renders a communication before the Committee moot.

* 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/1223/2024 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 17 June 2025 Original: English CAT/C/82/D/1223/2024 2 GE.25-07344 5. At its meeting on 10 April 2025, in the light of the fact that the removal order, which was the subject of the communication, was no longer enforceable, and that the complainant had been granted a new examination of his asylum claims, the Committee decided to discontinue its consideration of communication No. 1223/2024.