A.M.H. v. Switzerland
The complainant in the case is an Afghan national of Qizilbash origin (“A.M.H.”). The case concerns the denial of asylum and the deportation of the complainant from Switzerland to Afghanistan.
Circumstances of the case
In Afghanistan Taliban regularly subjected A.M.H. and his family members to discrimination because of their ethnicity. Among other things, they were forced to store terrorists’ weapons and work for them without remuneration. A.M.H. was repeatedly forced to help the Taliban as a doctor, but he always refused. The last time they tried to recruit A.M.H., he was threatened with murder.
Due to the persecution sustained in Afghanistan, A.M.H. has developed post-traumatic stress disorder and depressive disorder.
The Swiss authorities rejected the complainant's application for asylum and deemed that it was possible to deport him to Kabul, Afghanistan. The authorities considered that the expulsion was permissible, as A.M.H. had lived and studied in the city for some time and had had social connections there.
Complaint to the Committee against Torture
In the complaint to the Committee we argued that A.M.H.’s deportation to Kabul would violate the Convention against Torture, as upon return to Afghanistan he would be subjected to torture or other cruel treatment. We also indicated that in his home country he would not have access to adequate treatment for his mental disorders.
During the Committee's consideration of the complaint, the complainant was granted F permit in Switzerland: the authorities recognized that his expulsion to Afghanistan was unreasonable in view of the general situation in the country following the Taliban takeover. About six months later, the complainant was granted a residence permit in Switzerland.