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CAT/C/84/D/1282/2025

Y.Z. v. Sweden

UNO-Ausschuss gegen Folter (CAT) · 2026-04-17 · en UN

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.26-07299 (E) 020626 020626 Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1282/2025*, ** Communication submitted by: Y.Z. (represented by counsel, Hakan Kaplankaya) Alleged victim: The complainant State Party: Sweden Date of complaint: 23 July 2025 (initial submission) Substantive issue: Risk of torture upon deportation to Türkiye 1. The communication was submitted by Y.Z., a national of Türkiye. She first entered Sweden as a child, with a residence permit for family reunification with her father, who had been granted asylum on account of his involvement with the Gülen movement. She alleges that her residence permit expired when she reached adulthood and that she subsequently applied for asylum on the same grounds as her father, but was rejected. The complainant argues that her removal to Türkiye would amount to a violation by the State Party of her rights under articles 3 of the Convention. She is represented by counsel. 2. On 25 July 2025, the communication was registered; the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State Party to refrain from returning Y.Z. to Türkiye while her communication was under consideration by the Committee and to submit its observations on admissibility and the merits of the communication by 26 January 2026. 3. On 26 January 2026, the State Party submitted its observations, in which it states that the complainant failed to exhaust domestic remedies, given that she submitted a new application for a residence permit and a re-examination of her case in Sweden after submitting the communication. On 19 December 2025, the Swedish Migration Agency had granted the application for a new examination. The removal of the complainant is suspended until the end of the procedure, and she will have the possibility to appeal a negative decision. The State Party does not request discontinuance of the communication, but considers that the proper procedure would have been for the complainant to notify the Migration Agency of impediments to the enforcement of the expulsion order and await the decision in that regard before submitting the communication. 4. On 26 January 2026, the complainant was requested to submit her comments on the State Party’s submission by 26 March 2026. On 26 March 2026, the complainant submitted her comments on the State Party’s observations, which were shared with the State Party for information.

* Adopted by the Committee at its eighty-fourth session (13 April–1 May 2026). ** The following members of the Committee participated in the examination of the communication: Jorge Contesse, Lorena González Pinto, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen, Maeda Naoko, Moulaye Abdallah Moulaye Abdallah, Ana Racu and Abderrazak Rouwane. United Nations CAT/C/84/D/1282/2025 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 3 June 2026 Original: English CAT/C/84/D/1282/2025 2 GE.26-07299 5. At its meeting on 17 April 2026, in the light of the fact that the complainant has availed herself of the possibility to submit a new application for residence and for a re-examination of her case under the asylum procedure, the Committee decided to discontinue its consideration of communication No. 1282/2025.