CAT/C/78/D/1047/2021 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 29 December 2023 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1047/2021*, ** Communication submitted by: N.R. (represented by counsel, Rebecca Ahlstrand, Scandinavian Human Rights Lawyers) Alleged victim: The complainant State party: Sweden Date of complaint: 21 December 2020 (initial submission) Document references: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 4 January 2021 (not issued in document form) Date of adoption of decision: 22 November 2023 Subject matter: Risk to life and of torture or cruel, inhuman or degrading treatment or punishment in case of deportation to Afghanistan (non-refoulement) Procedural issue: Admissibility – non-substantiation of claims Substantive issues: Right to life; torture and other cruel, inhuman or degrading treatment or punishment Articles of the Convention: 3 and 16 1.1 The complainant is N.R., 1 a national of Afghanistan born on 7 August 2000. He applied for asylum in Sweden in 2015 on the grounds of fears of the Taliban and, subsequently, his conversion to Christianity; however, his application was rejected. 2 He claims that his forcible removal to Afghanistan would amount to a violation by Sweden of article 3 of the Convention, as he fears a risk to his life and of torture and cruel or inhuman treatment if deported to Afghanistan. To avoid irreparable harm, the complainant urged the Committee to issue interim measures to halt his deportation to Afghanistan while his communication was being considered by the Committee. 3 The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 26 June 1987. The complainant is represented by counsel. * Adopted by the Committee at its seventy-eighth session (30 October–24 November 2023). ** The following members of the Committee participated in the examination of the communication: 1 2 3 Todd Buchwald, Claude Heller, Erdogan Iscan, Liu Huawen, Maeda Naoko, Ilvija Pūce, Ana Racu, Abderrazak Rouwane, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. The complainant requested anonymity. The complainant claims that he was diagnosed with post-traumatic stress disorder following his rape by members of the Taliban in Afghanistan, and that he converted from Islam to Christianity. The expulsion order has been enforceable since 1 July 2020. GE.23-24373 (E) 201223 291223