The Death Penalty in the OSCE Area
In the case of A.A.M. v. Sweden,54 the applicant, an Iraqi national, applied for
asylum in Sweden stating, inter alia, that he was at risk of persecution by al-Qaeda
for having voiced “unacceptable” religious opinions, and by the Iraqi authorities for
unfounded allegations of aiding terrorists. His asylum application was rejected by
the Swedish migration authorities. The applicant submitted an application to the
ECtHR claiming that, if expelled to Iraq, he would be at real risk of being persecuted
and punished or sentenced to death, in contravention of Article 3 of the ECHR. In
April 2014, the ECtHR held in its Chamber judgement that the implementation by
Sweden of the expulsion order against the applicant would not give rise to a violation
of the aforementioned provision, in particular because the applicant could relocate
to another part of Iraq.55
54 The European Court of Human Rights, Application 68519/10, A.A.M. v. Sweden, lodged on 15 November 2010,
ECtHR Judgment, 3 April 2014, <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-142085>.
55 Ibid.
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