Asylum

(Application no. 78701/14), 19 May 2015

Find Court’s decision here. (struck out of the list of cases)

  • The applicant complains under Articles 2 and 3 of the Convention that his expulsion from Sweden to Iran would expose him to a real risk of being sentenced to death or subjected to torture or ill-treatment because of his sexual orientation.
  • ILGA-Europe together with the AIRE Centre, Amnesty International, the ICJ and the UK Lesbian and Gay Immigration Group submitted the following:
    • Requiring coerced, including self-enforced, suppression of a fundamental aspect of one’s identity is not compatible with the Convention.
    • The criminalization of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations.

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