CAT/C/37/D/227/2003
Page 11
the Special Powers Act and the other legislation referred to by Amnesty International11 are
still applicable and that it is not known of any case raised on the basis of Public Safety Act
which has been closed or withdrawn.
5.4 The complainant further explains (see paragraph 4.12 above) that he obtained his
passport in August 2000, that is before the accusations of harbouring explosives, and illegal
arms, making of bombs, distribution of anti-State propaganda, crimes against public order
and treason were made against him.
Supplementary submissions from the State party and the complainant’s comments
6.1 In a further submission dated 1 September 2003, the State party acknowledges that
ECRI had had certain remarks on Sweden as regards the removal of persons whose asylum
application has been turned down. ECRI observed, specifically, that there had been cases of
persons who had against their will been deported to countries completely unknown to them
because of difficulties in establishing their nationality. There were also cases of excessive use
of force and/or unusual means of restraint used by officers during the expulsion of foreign
nationals from Sweden. The State party refers to an appendix of the report where the State
party acknowledged that there had been forced removals to countries that were not countries
of origin when there were difficulties in verifying the nationality of asylum seekers but stated
that ECRI ‘pictures the situation in Sweden incorrectly’. The State party confirms that the
aim is always to remove persons to the country of origin or a country where the person has a
right to legally remain.
6.2 In a further submission dated 11 November 2003, the complainant maintains that the
Swedish authorities have been criticized not only because they sent an asylum seeker to the
wrong country but also for the manner in which the expulsion order has been executed. He
submits that this is an issue in his case and that the manner in which he has been treated by
the Swedish authorities violate article 16 of the Convention.
6.3 On 16 November 2005, the State party submitted that since a new remedy to obtain a
residence permit had come into force under temporary legislation, the complaint should be
declared inadmissible for non-exhaustion of domestic remedies, or at least be adjourned
awaiting the outcome of the application of this new procedure. On 9 November 2005,
temporary amendments were enacted to the 1989 Aliens Act. On 15 November 2005, these
amendments entered into force and were to remain in force until a new Aliens Act entered
into force on 31 March 2006. These temporary amendments introduced additional legal
grounds for granting a residence permit with respect to aliens against whom a final refusal-ofentry or expulsion order has been issued. According to the new Chapter 2, section 5 b of the
Aliens Act, if new circumstances come to light concerning enforcement of a refusal-of-entry
or expulsion order that has entered into force, the Swedish Migration Board, acting upon an
application from an alien or of its own initiative, may grant a residence permit, inter alia, if
there is reason to assume that the intended country of return will not be willing to accept the
alien or if there are medical obstacles to enforcing the order. Furthermore, a residence permit
may be granted if it is of urgent humanitarian interest for some other reason. When assessing
the humanitarian aspects, particular account shall be taken of whether the alien has been in
Sweden for a protracted period and if, on account of the situation in the receiving country, the
11
Supra n.9.