CAT/C/71/D/883/2018
to 3 of chapter 12 of the Aliens Act, a person seeking asylum cannot be returned to a country
where there are reasonable grounds to assume that he or she would be in danger of being
subjected to the death penalty, corporal punishment, or torture or other degrading treatment
or punishment.
4.7
Furthermore, the State party recalled that both the Swedish Migration Agency and the
Migration Court had conducted thorough examinations of the complainants’ case. The
Agency had held an introductory interview with the adult complainants on 5 January 2016.
On 11 January 2016, the Agency had held an extensive asylum investigation with both of
them that had lasted altogether about five hours. An additional asylum investigation had taken
place with them on 11 March 2016 which had lasted about two hours. The complainants had
been represented by public counsel, and had communicated through interpreters.
Furthermore, the complainants had been given an opportunity to review and comment on the
written records of all the interviews.
4.8
The State party therefore claims that both the Swedish Migration Agency and the
Migration Court had sufficient information to make a well-informed, transparent and
reasonable risk assessment. The State party recalled the Committee’s Views 10 in which the
Committee had confirmed that it was not an appellate, quasi-judicial or administrative body,
and also recalled that considerable weight must be given to findings of facts made by organs
of the State party concerned.11
4.9
The State party notes that as the case concerns two minors, the domestic authorities
have, in accordance with national law, paid due regard to the principle of the best interests of
the child and have thus considered the consequences that an expulsion order might have for
the children’s health and development, in compliance with chapter 1, section 10 of the Aliens
Act and based on article 3 of the Convention on the Rights of the Child.
4.10 The State party recalls the facts of the communication and emphasizes that due
consideration was given to whether the complainants’ account was coherent and detailed and
did not contradict generally known facts or available information about the country of origin.
Contrary to what the complainants have stated before the Committee, the Swedish Migration
Agency considered that V.M. had not submitted a credible or reliable account regarding the
alleged threat against him in Armenia. Firstly, the Agency questioned whether the police
were indeed interested in him, since they repeatedly released him from custody after
questioning him about the videotape. Nor did the Agency find it credible that the police would
repeatedly detain V.M. to obtain a videotape to ensure that its contents would not come to
the attention of the public, as similar contents were already available on the Internet. The
State party was of the view that there were reasons to question the credibility and reliability
of the claims by V.M. in this regard.
4.11 Regardless of whether V.M. had been subjected to repeated abuse and detention, the
Swedish Migration Agency found that nothing had emerged indicating that these actions had
been ordered by the Armenian State. Instead, it appeared to be a case of individual police
officers acting outside their professional capacity. The Agency noted that the complainants
had not requested help or protection from the Armenian authorities. The Agency further held
that it was a basic principle that national protection took precedence over international
protection and that only in cases where the authorities in the country of origin lacked the will
or the ability to assist the individual was it possible to receive protection in Sweden. The
Agency considered that even though there may be certain deficiencies in the Armenian
judicial system, protection from the authorities was available. The Agency also noted that the
incidents had happened a long time ago. Consequently, the Agency concluded that the
complainants could not be considered to have exhausted all possibilities for protection in
Armenia, which was a requirement for being entitled to international protection.
4.12 The State party recalled that in the complainants’ appeal before the Migration Court,
they requested an oral hearing. The Court rejected the complainants’ request for an oral
hearing, on 10 September 2017. It referred to the nature of the case and the information
available as reasons why an oral hearing was deemed unnecessary, in compliance with
10
11
4
The State party refers – for example – to N.Z.S. v. Sweden (CAT/C/37/D/277/2005), para. 8.6.
The State party refers to the Committee’s general comment No. 4 (2017), para. 50.