Published on 29 January 2024
FIRST SECTION
Application no. 32694/23
D.M.
against Sweden
lodged on 16 August 2023
communicated on 9 January 2024
SUBJECT MATTER OF THE CASE
The applicant, an Afghan national, requested asylum in Sweden. He submitted, among other things, that due to his Hazara origin he would risk being killed if removed to Afghanistan. The Swedish authorities refused his request and ordered his deportation. He complains that if he were to be deported, he would face a real risk of being killed.
His request for an interim measure under Rule 39 of the Rules of Court was granted by the Court on 3 November 2023.
QUESTION TO THE PARTIES
In the light of the applicant’s claims, the documents which have been submitted and relevant country information on Afghanistan, would he face a risk of being subjected to treatment in breach of Articles 2 and/or 3 of the Convention if the deportation order were enforced?
In particular, would he face such a risk on account of his Hazara origin, taking into consideration recent country information regarding the situation for individuals of Hazara ethnicity in Afghanistan (see, for example, UN High Commissioner for Refugees (UNHCR), Guidance Note on the International Protection Needs of People Fleeing Afghanistan (Update I), February 2023, § 16 (iv), and European Union Agency for Asylum (EUAA), Country Guidance: Afghanistan 2023, Common analysis, section 3.14.2.)?