The Death Penalty in the OSCE Area ROMANIA The case filed by Abd al-Rahim al-Nashiri to the ECtHR against Romania has been communicated and is still pending before the Court.48 As in his application against Poland (see the entry on Poland), the applicant claims that he was kept in a secret CIA detention facility in Romania before he was transferred to the United Stated detention camp at Guantanamo Bay, despite substantial risk of him being subjected to the death penalty.49 There has been no investigation in Romania relevant to this case. The Romanian authorities have claimed that any allegations of secret detention in Romania are groundless.50 SWEDEN Sweden reported on two cases against Sweden before the ECtHR that touch upon the issue of capital punishment.51 In the case of F.G. v. Sweden,52 the applicant, an Iranian national, applied for asylum in Sweden stating, inter alia, that he has been active in the Iranian opposition movement and, therefore, risked persecution if returned to Iran. The Swedish migration authorities rejected his asylum application. The applicant filed a case to the ECtHR claiming that, if expelled to Iran, he would be at risk of being persecuted and punished or sentenced to death, in contravention of Articles 2 and 3 of the ECHR. In January 2014, the Court held in its Chamber judgement that the applicant had failed to substantiate his claims, and that the implementation by Sweden of the expulsion order against the applicant would not give rise to a violation of the aforementioned provisions. In June 2014, at the request of the applicant, the case was referred to the Grand Chamber of the ECtHR, where it is currently pending.53 48  European Court of Human Rights, Application No. 33234/12, Abd Al Rahim Hussayn Muhammad Al Nashiri v. Romania, lodged on 1 June 2012, <http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-112302>. 49  The applicant claims that Romania violated Articles 2 and 3 of the ECHR and Protocol 6 to the Convention. The applicant also alleges the violation of Article 13 of the Convention due to Romania’s refusal to investigate his claims. 50  “Lithuania Opens CIA Rendition Investigation”, Amnesty International, 21 February 2014, <http://www.amnesty. org/en/library/asset/EUR53/001/2014/en/52b2f329-76f1-472f-a649-e05dbfc595af/eur530012014en.pdf>. 51  Response to the ODIHR questionnaire on the death penalty from the Permanent Delegation of Sweden to the OSCE, received on 21 July 2014. 52  European Court of Human Rights, Application No. 43611/11, F.G. v. Sweden, lodged on 12 July 2011,ECtHR Judgment, 16 January 2014, <http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-140020>. 53  Sweden Response, op. cit., note 51. 17