torsdag 13 september 2012

'Fares Mahmud-fallet': Sverige anmäls till FN:s tortyrkommitté ännu en gång

Tortyrskandalen: Asylrörelsen i Stockholm anmäler Sverige för utvisningen av demokratikämpen Fares Mahmud till Syrien

Sista bilden på Fares, från
Migrationsverkets förvar
i Märsta
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Pressmeddelandet i sin helhet: Asylrörelsen Stockholm avslöjar: Fares Mahmud utvisades till tortyr
Artikel i Aftonbladet: Utvisades till Syrien - torterades i en månad
Relaterat: SvD AB AB2 SvD2
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Sverige toppar redan listan över de länder som dömts av FN:s tortyrkommitté. Kraven i den anmälan som nu skickats för Fares Mahmuds räkning är att Sverige ska möjliggöra för Fares att komma hem till sin familj i Sverige, erhålla permanent uppehållstillstånd samt upprättelse i form av skadestånd och rehabilitering.

Här är anmälan:
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Complaint to the Committee Against Torture, CAT,
under the Office of the United Nations High Commissioner for Human Rights

State Party: Sweden

Complainant/Plaintiff: Mattias Bernhardsson, agent with power of attorney to represent Faris Abdou June, alias Fares Mahmud, born 01 November 1981, and on behalf of the Coordination Committee of the Asylum Movement in Stockholm

I file this complaint on the basis of Article 3 and Article 14 of the Convention Against Torture and other cruel, inhuman or degrading treatment or punishment.

I urge the Committee to act on this matter with haste, considering the desperate situation of Mr Fares Mahmud.

On November 8, 2011, the political refugee and pro-democracy activist Fares Mahmud (case number UM9504-11 in the Swedish Migration Court) was deported to Syria. Despite his extensive political activity in the Kurdish Future Movement in Syria, the Swedish Migration Board and the Migration Court claimed that Mahmud did not risk being punished or mistreated upon his return.

The Migration Board and the Court ignored the strong evidence in Fares case and neglected to keep them selves abreast of the general situation in Syria.

The Syrian authorities know exactly who Fares is and there was little doubt he would be arrested. I myself was in place at the airport on November 8th; Syrian agents presented themselves as embassy staff and claiming 'diplomatic immunity' threatened several of our activists. They were on hand to supervise the deportation and to intimidate asylum activists. I immediately informed the Migration Court and the on-call unit at the Migration Board, arguing that these were new circumstances and requested that the deportation ere to be halted. But they ignored the incident that occured at the airport with the same detachment as during the asylum process.

A week after the deportation, the Asylum Movement in Stockholm – which had tried to stop the deportation at the airport – revealed that Mahmoud had been transferred to Prison No. 48, and thence to the al-Faihae maximum security prison.

Fares Mahmud has now been set free by rebels; from his hiding place in Syria he has been able to contact the Asylum Movement in Stockholm and describe what happend after the re-foulement. Azad Qamişloki, active in the Asylum Movement in Stockholm and the Swedish section of the Kurdish Future Movement, recieved his testimony:

After being interrogated by the Syrian Immigration Office, Fares was sent on November 11th to the Security Area 48 in Damascus, a prison where he was interrogated again. He was forced to sign blank papers, which were then filled in with 'confessions'. He was then detained in a small cell with 33 other prisoners. On December 16th, police officers came to the cell, abused Fares, and then blindfolded him. He was then brought to Faihae prison and was locked in an underground cellar. During a month Fares was subjected to repeated torture. Fares was moved eventually to a small cell where he was kept locked up for 4 months along with 55 other prisoners. They were starving and constantly faced with beatings and insults. After the period of Faihae, Fares was moved around to prison after prison, to the central prison of Deir ez-Zor, the central prison in al-Hasakah, 'Adra in Damascus and others. When Fares was transported in one of the regime's armored trucks from Qamishli to Damascus, they were stopped by the Free Syrian Army in a road block and released. They were asked to get to the villages along the Turkish border. There he contacted the Asylum Movement in Stockholm.

The underground cellar of Faihae is well-known to other prisoners who have been held there; common punishments include hanging in the arms, electric shocks and water torture.

I file this complaint on the basis of Article 3 and Article 14 of the Convention Against Torture and other cruel, inhuman or degrading treatment or punishment:

Article 3 states that "No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture."

Article 14 states that "Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible."

This means that the Swedish Government must make it possible for Fares Mahmud to return to Sweden. The right to obtain redress should include travel expenses back to Stockholm, a permanent residence permit, economical compensation or punitive damages and adequate health care, treatment and rehabilitation.

I urge the Committee to act on this matter with haste, considering the desperate situation of Mr Fares Mahmud, who hopefully have managed to cross the border to Turkey on his way to the Swedish embassy, where he will seek asylum in order to be reunited with his wife and child in Sweden.

Mattias Bernhardsson
Agent with power of attorney to represent Mr Fares Mahmud and on behalf of the Coordination Committe of the Asylum Movement in Stockholm

Stockholm 2012-09-11

Attached consent:
The consent to power of attorney from Mr. Fares Mahmud was made by e-mail (se attached copy). The uncertain whereabouts of Mr. Fares Mahmud make it impossible to provide a signature in hand writing to the Committee.

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