CAT/C/56/D/586/2014
contrary to article 3. The State party maintains that the complainants have failed to
substantiate their claims that they would run such a risk.
4.11 The State party wishes to draw the Committee’s attention to the fact that several
provisions in the Aliens Act reflect the same principles as those laid down in article 3 of the
Convention. Thus, the Swedish migration authorities apply the same kind of test when
considering an application for asylum under the Aliens Act as the Committee applies when
examining a complaint under the Convention. That such a test has been applied in the
present case is indicated by the fact that, in their rulings, the Swedish authorities make
reference to chapter 4, sections 1, 2 and 2a, of the Aliens Act. Furthermore, according to
chapter 12, sections 1-3, of the Aliens Act, an alien may never be expelled to a country
where there is fair reason to assume that the alien would be in danger of receiving the death
penalty or being subjected to corporal punishment, torture or other inhuman or degrading
treatment or punishment, or to a country where the alien is not protected from being sent on
to a country in which the alien would be in such danger.
4.12 Moreover, the State party maintains that the national authorities are in a very good
position to assess the information submitted by an asylum seeker and to appraise the
credibility of his or her claims. In this regard, the State party wishes to underline that, in the
present case, the Migration Board and the Migration Court conducted thorough
examinations of the complainants’ case. When the complainants applied for asylum, the
Migration Board conducted multiple individual interviews with the first and second
complainants to give them an opportunity to submit the reasons for their need for protection
and to explain all the facts relevant to the Migration Board’s assessment. The extensive
interviews with the complainants were conducted in the presence of their legal counsel and
an interpreter, whom the complainants confirmed they understood well. In addition, the
Migration Board also conducted child-focused interviews with the second complainant in
her capacity as parent of the third, fourth and fifth complainants and with the first and
second complainants in their capacity as parents when an application for asylum was made
on behalf of the sixth complainant, who was born in Sweden. Furthermore, the
complainants have argued their case in writing before the Migration Board and the
migration courts. Throughout the asylum procedure, the complainants were represented by
a legal counsel. The decision of the Migration Board was appealed against, but was not
overturned by the Migration Court. Against this background, the State party holds that it
must be considered that the Migration Board and the migration courts had sufficient
information, together with the facts and documentation in the case, to ensure that they had a
solid basis for making a well-informed, transparent and reasonable risk assessment of the
complainants’ need for protection in Sweden.
4.13 In this connection, the State party wishes to recall paragraph 9 of the Committee’s
general comment No. 1 (1997) on the implementation of article 3 of the Convention, as
well as its jurisprudence, stating that the Committee is not an appellate, quasi-judicial or
administrative body and that considerable weight will be given to findings of facts that are
made by organs of the State party concerned.8 Moreover, the Committee has held that it is
for the courts of the States parties to the Convention, and not for the Committee, to evaluate
the facts and evidence in a particular case, unless it can be ascertained that the manner in
which such facts and evidence were evaluated was clearly arbitrary or amounted to a denial
of justice.9
8
9
The State party refers, for example, to communication No. 277/2005, N.Z.S. v. Sweden, decision
adopted on 22 November 2006, para. 8.6.
The State party refers, for example, to communication No. 219/2002, G.K. v. Switzerland, decision of
7 May 2003, para. 6.12.
7