CAT/C/49/D/435/2010 The facts as submitted by the complainant 2.1 The complainant worked as a journalist in the United Republic of Tanzania. On 31 August 2008, he arrived in Sweden to participate in training organized by the Institute for Further Education of Journalists at the Kalmar University. On 16 or 17 September 2008, the complainant received a phone call from a colleague in Tanzania, informing him that the police wanted to interrogate him concerning an article of a political nature he had written prior to his departure to Sweden (this was also confirmed by the complainant’s wife). The article, published in a local newspaper on 3 August 2008, concerned the status of Zanzibar in relation to the mainland. Afraid, the complainant applied for asylum on 22 September 2008. 2.2 On 4 February 2008, he was interviewed by the Swedish Migration Board. On that occasion, he explained that in 2002 he had faced criminal charges after he had written an article criticizing the parliament and that during the interrogation he had been subjected to torture2 and detained without a trial for two months. The charges against him were dropped only in 2004. Furthermore, on 15 December 2007, the Ministry of Information, Culture and Sports of the United Republic of Tanzania banned the complainant from exercising his profession as he had written articles defaming the leaders of the country. 2.3 On 5 June 2009, the complainant’s application was rejected by the Swedish Migration Board. The Board based its decision mainly on a human rights report of the United States Department of State concerning the United Republic of Tanzania, wherein it was stated that Tanzania ensures and respects the freedom of expression and political freedom. In addition, the Board considered that the complainant’s persecution in 2002 by the Tanzanian authorities did not justify a decision granting him asylum, because of the time elapsed. 2.4 On an unspecified date, the complainant appealed against the Board’s decision with the Migration Court. On 28 May 2010, his appeal was rejected by the Court, which found the complainant’s explanation of the reasons for seeking asylum unconvincing. The Court concluded that there were not enough grounds to believe that the complainant was facing a risk of being persecuted if returned to the United Republic of Tanzania and that the circumstances of the case were not sufficient to show that he was in need of protection. 2.5 On 6 August 2010, the complainant requested the Migration Court of Appeal to grant him a leave to appeal. On 27 August 2010, his request was rejected and the decision of 28 May 2010 of the Migration Court became final. The complainant was subsequently summoned twice by the Migration Board concerning the possible date of his deportation and as a consequence he decided to hide.3 The complaint 3. The complainant claims that in case of return to the United Republic of Tanzania, he would be arrested and subjected to torture there, in breach of the State party’s obligations under article 3 of the Convention. 2 3 In this regard, the complainant submitted together with his present communication a copy of a medical record, dated 20 July 2002 and issued by the Maswa Council Hospital in the United Republic of Tanzania. In May/June 2012, the complainant informed the Committee that he was forcibly expelled from Sweden, but that on his way to the United Republic of Tanzania he was able to escape and he is located at present in a third country – see para. 5.1 below. 3