Religion – Weltanschauung – Recht [ RWR ]

The applicant, F.G., is an Iranian national who was born in 1962 and is currently in Sweden. He arrived in Sweden in November 2009 claiming asylum. In his initial request for asylum he submitted that he had been politically active against the Iranian regime. He also mentioned that he had converted to Christianity after coming to Sweden but didn’t wish to rely on it as an asylum ground, either before the Migration Board or, on appeal, before the Migration Court, since he considered it a personal matter. Having been refused asylum on political grounds, F.G. requested a stay on his deportation order, relying on his conversion to Christianity as a new circumstance to be taken into consideration. His request was refused by the authorities in a decision which was eventually upheld in November 2011, on the ground that his conversion was not a “new circumstance” which could justify a reexamination of the proceedings.

Relying on Article 2 (right to life) and Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights, F.G. complains that if expelled to Iran he would be at a real risk of being persecuted and punished or sentenced to death.

In its Chamber judgment of 16 January 2014 the Court held, by four votes to three, that F.G. had failed to substantiate that, if returned to Iran, he would face a real and concrete risk of being subjected to treatment contrary to Article 2 or 3 of the Convention. Consequently, it found that the implementation by Sweden of the expulsion order against the applicant would not give rise to a violation of these provisions. The Court also decided to continue to indicate to the Swedish Government, under Rule 39 (interim measures) of the Rules of Court, not to expel F.G. until the Court’s judgment became final or pending any further order.

On 2 June 2014 the case was referred to the Grand Chamber at the applicant’s request.

Press release ECHR 349 (2014) 28/11/2014