On the 25th of January 2023, the Committee on the Rights of Persons with Disabilities (CRPD) published its communication K.S. v. Sweden, CRPD/C/27/D/55/2018. The case concerned K.S., an Afghan asylum applicant, who claimed that his removal to Afghanistan would violate the Convention on the Rights of Persons with Disabilities.
In 2015, K.S. applied for asylum in Sweden based on his daily harassment and abuse (including systematic rape) by the Taliban. The Swedish Migration Board rejected the application on credibility grounds. The Migration Court refused his appeal due to the available internal flight alternative. The applicant’s claim was however reconsidered as his psychological situation deteriorated which was evidenced by psychiatrists and psychologists. The application was however again rejected.
The applicant claimed that the removal breaches the Convention because of the absence of medical facilities adapted to his needs. The applicant also mentioned that, based on a UNHCR report, he would be subjected to ill-treatment due to his disability. The CRPD granted interim measures requesting Sweden not to deport the applicant while it considers the case. The Committee however discontinued the communication because Sweden changed its legal position on Afghanistan stating that no effective protection could be obtained from the authorities and an internal protection alternative was only available in exceptional cases, thus justifying the granting of a new examination of the author’s case.