Religion – Weltanschauung – Recht [ RWR ]

The case concerns the deportation of a failed asylum seeker from Sweden to Iraq.

The applicant, A.A.M., is an Iraqi national who was born in 1977 and is originally from Mosul (Iraq). He alleges that in August 2008 he fled Mosul where he owned a shop when an Iraqi branch of al-Qaeda threatened him for refusing to dismiss a young woman in his employment who did not wear a veil. He claims that shortly afterwards his shop was destroyed by a bomb. He then entered Sweden and claimed asylum in November 2008. He submitted in particular to the Swedish authorities that he was wrongly convicted in Iraq in his absence and sentenced to ten years’ imprisonment for aiding terrorists. In support of his claim, he provided copies of the arrest warrant against him and the judgment convicting him. He also claimed that he was at risk of persecution by al-Qaeda for having voiced unacceptable religious opinions. His request was examined by the Migration Board and Migration Court and ultimately rejected in 2011 on the ground that the authenticity of the arrest warrant and judgment were questionable. They further found that, although the applicant was at risk of persecution by al-Qaeda in Mosul where there was a strong al-Qaeda presence, he could relocate to another part of Iraq. Relying on Article 3 (prohibition of inhuman or degrading treatment), A.A.M. alleged that, if returned to Iraq, he would be at real risk of persecution and possibly death.

• No violation of Article 3 (in case the deportation order against the applicant is implemented, provided that he is not returned to parts of Iraq situated outside the Kurdistan Region)
• Interim measure: The Court decided to continue to indicate to the Government under Rule 39 of the Rules of Court that it was desirable in the interests of the proper conduct of the proceedings not to deport the applicant until such time as its judgment became final or until further order.

Press release ECHR 091 (2014) 03/04/2014