CAT/C/56/D/643/2014
Facts as presented by the complainant
2.1
The complainant is from Tashkent, Uzbekistan. He is a devout Muslim and prays
five times a day. On a number of occasions, he had been stopped by police who urged him
to shave off his beard. He had previously worked as a driver in the military, participated in
the events of 2005 in Andijan, and worked for the Government.
2.2
On 30 April 2013, the complainant was stopped by two police officers on his way
home from a mosque. He was questioned because he had religious attributes on him. As he
could not show his passport, he was taken to a police car. In the car, he became agitated and
started to criticize the Government and the ruling regime. The police officers became
violent and, in self-defence, the complainant beat them and fled.
2.3
On 1 May 2013, the complainant left the country illegally and travelled to Sweden.
He arrived in Sweden on 12 May 2013 and applied for asylum on the same day. On 27
September 2013, the Swedish Migration Board rejected his application because it
considered that the complainant’s story lacked credibility. On an unspecified date, the
complainant appealed the Board’s negative decision. The appeal was dismissed by the
Migration Court on 4 February 2014. On an unspecified date, the complainant applied for
leave to appeal the Migration Court decision, which was denied by the Migration Court of
Appeal on 7 March 2014.
2.4
On 2 October 2014, the complainant married a Ukrainian woman in a Muslim
religious ceremony. She also had ongoing asylum proceedings before the Swedish
migration authorities. On an unspecified date, the complainant was detained by the Swedish
migration authorities.
2.5
On 19 November 2014, the complainant applied for a “suspension and stay of
execution” and presented new circumstances before the Swedish Migration Board. He
submitted that he had been in contact with his mother in Uzbekistan and was told that his
father and brothers had been questioned by the police about his whereabouts and that he
was going to be arrested if he returned. The complainant submits that the reason why the
police were still looking for him was because he had criticized the President of Uzbekistan
and his regime on the Internet. He had posted a critical video on YouTube in support of a
person who opposed the President’s regime. On 27 November 2014, the Migration Court
rejected the complainant’s application and concluded that the information presented by him
was not “new”. On an unspecified date, the complainant filed an application to the
Migration Court of Appeal for leave to appeal, which was dismissed by the Court on 5
December 2014.
2.6
On 11 December 2014, the complainant submitted that he had lodged an application
and a request for interim measures before the European Court of Human Rights on 26
November 2014. On 27 November 2014, the Court rejected the complainant’s request for
interim measures, stating that:
In addition, in the light of all the material in its possession, and in so far as the
matters complained of were within its competence, the Court (…), sitting in a
single-judge formation, found that they did not disclose any appearance of
violation of the rights and freedoms set out in the Convention or its Protocols and
declared your application inadmissible.
In this connection, the complainant notes that the Court did not examine his case in
substance. He also notes that he had approached the Court with his application and request
for interim measures before having exhausted domestic remedies, as the Swedish
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