Published on 19 April 2021

FIRST SECTION

Application no. 4677/20 A.A. against Sweden lodged on 21 January 2020 communicated on 30 March 2021

SUBJECT MATTER OF THE CASE

The application concerns the expulsion of the applicant, a Libyan national, back to Libya. He claimed that he was at risk of prosecution as he had supported the Gaddafi regime. The Migration Agency and the Migration Court held that the applicant ’ s allegations lacked credibility and that he had not substantiated his claim about the risk of prosecution. Consequently, there was no individual risk for him upon return. They also held that the situation in Libya was not of such a severity that it reached the threshold for a general risk, capable of preventing the applicant ’ s return there. The Migration Court of Appeal refused the applicant leave to appeal.

The applicant complains that his return to Libya would expose him both to an individual and a general risk of death and torture, particularly in light of his former support to the Gaddafi regime.

On 27 January 2020 the applicant ’ s request for an interim measure under Rule 39 of the Rules of Court was granted by the Court.

QUESTION TO THE PARTIES

In the light of the applicant ’ s claims and the documents which have been submitted, would he face a real 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 the general security situation in Libya?