CAT/C/71/D/874/2018
complainant provides a letter of attestation from his congregation in support of his sincere
belief and active religious practice.
5.2
The complainant notes that the State party repeatedly describes his account as vague
and lacking in detail, without providing details as to what type of questions the complainant
has failed to answer or what information he has failed to provide. The State party contends
that the complainant has been unable to elaborate on the reasons for his conversion, but his
statements, reflected in the Swedish Migration Agency’s decision of 31 July 2017, although
brief, grasp the essence of his convictions and are consistent with the Jehovah’s Witnesses’
beliefs.9
5.3
The complainant submits that, even though the State party eventually ceased
questioning his participation in Jehovah’s Witnesses’ activities in general, his initial failure
to provide documentary support has influenced the State party’s assessment of his account
as “vague”. When he submitted supporting documents at a later stage, the Migration Court
refused to consider them and rejected his appeal for re-examination.
5.4
The State party refers to the fact that the complainant was not baptised as evidence
against his genuine conversion. In reality, Jehovah’s Witnesses have strict requirements as to
whom they baptise, and baptism is preceded by a period of rigorous studying. It is not
uncommon to study the Bible for one or two years before qualifying for the status of
unbaptized preacher. Several months more can pass before the person is baptised. The
individual cannot arrange for the baptism. The State party showed a lack of knowledge about
the specific procedures that Jehovah’s Witnesses follow. The domestic authorities’
assessment was therefore clearly arbitrary and amounted to a denial of justice. 10 In the
Migration Court, the complainant confirmed that his conversion was in progress. He was
baptised in October 2018.
5.5
The complainant submits that the State party attached little importance to his
“participation in church activities” and did not distinguish proselytizing from any other
activities. The fact that he is actively proselytizing from door to door was disregarded as
being a mere modification of what had been stated previously and, as such, not meriting a reexamination. That ignorance with regard to the nature of the complainant’s religious
activities raises questions about the State party’s claim that both the Swedish Migration
Agency and the Migration Court had conducted thorough examinations of the complainant’s
case.
5.6
The complainant contends that proselytizing is a highly visible activity, which, in a
unique way, poses a personal, foreseeable and real risk to the complainant. For the past 18
months, since March 2018, the complainant has spent many hours each month in such
proselytizing work, together with his fellow Jehovah’s Witnesses.
State party’s additional observations
6.1
On 23 December 2019, the State party submitted additional observations indicating
that the complainant’s comments did not contain any new information and maintaining the
position that it had expressed in its original observations of 26 April 2018.
6.2
The State party takes note of the complainant’s claim that a thorough assessment of
his alleged conversion to Christianity was not made. In that regard, the State party holds that
the domestic authorities have thoroughly examined the complainant’s allegations and
evidence regarding his alleged conversion, as well as the general situation of converts in
Afghanistan. However, the authorities concluded that the complainant lacked credibility
regarding the genuineness of his alleged conversion, and they held that there was no evidence
9
10
The statements referred to by the complainant include the following: “Violence and immoral
valuations of people are the main reasons for your negative view of Islam.”; “You have said that you
have visited Jehovah’s Witnesses in Sweden and that you have taken part in activities in that faith
community. The biggest difference compared with Islam is that Christianity has a different view of
morals and violence.”; “You have said that you like Jehovah’s Witnesses because that faith
community advocates peace, calm, generosity and justice.”
See G.K. v. Switzerland, (CAT/C/30/D/219/2002).
7