ECtHR releases decision in A.A. and Others v. Sweden (no. 14499/09) [Articles 2 and 3]

Friday, October 4, 2013

The applicants, Ms A.A. and her five children, are Yemeni nationals who are currently living in Sweden pending enforcement of a deportation order to send them back to Yemen. Relying on Articles 2 (right to life) and 3 (prohibition of inhuman or degrading treatment), the applicants alleged that, if deported to Yemen, they would face a real risk of being the victims of an honour crime as they had disobeyed their husband/father and had left their country without his permission. They arrived in Sweden in 2006 and immediately applied for asylum and residence permits. Before the Migration Board, Ms A.A. claimed that she had suffered from years of abuse by her husband but that her main reason for leaving Yemen had been to protect her minor daughters, who were either being threatened with or had already been forced into an arranged marriage. Their applications were ultimately rejected in 2009 by the Swedish migration courts, as it was considered that the applicant family’s problems mainly concerned the personal sphere, caused among other things by the country's traditions, and had been related to financial matters, rather than to honour.

The Court found:

No violation of Article 2
No violation of Article 3

The Court concluded that substantial grounds for believing that the applicants would be exposed to a real risk of being killed or subjected to treatment contrary to Article 3 of the Convention if deported to Yemen, have not been shown in the present case. Accordingly, the implementation of the deportation order against the applicants would not give rise to a violation of Articles 2 or 3 of the Convention. The Court further found that, in the circumstances of the present case, no other issues under the ECHR are raised.
Finally, the Court decided to continue its indication to the Swedish Government (made under Rule 39 of the Rules of Court): it decided that it was desirable in the interests of the proper conduct of the proceedings not to deport the applicants until this judgment became final or until further order.

For further information please visit: ECtHR: AA and Others v. Sweden (no. 14499/09)

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Gender Based Persecution
Inhuman or degrading treatment or punishment