Published on 10 January 2022

FIRST SECTION

Application no. 22283/21 A.D. and Others against Sweden lodged on 23 April 2021 communicated on 16 December 2021

SUBJECT MATTER OF THE CASE

The application concerns the removal from Sweden to Albania of an Albanian family. The father of the family (the first applicant) is a former police officer who was involved in the discovery of an illegal cannabis cultivation in Albania, following which the family started to receive threats. The applicants left Albania and arrived in Sweden where they applied for asylum in 2018. Their asylum application was refused by the Swedish Migration Agency and its decision was upheld by the Migration Court. On 22 June 2020 the Migration Court of Appeal refused the applicants leave to appeal. The applicants’ request to have the enforcement of their expulsion order stayed was rejected by a final decision on 21 September 2020.

The applicants complain that their removal to Albania would lead to a violation of Article 3 of the Convention because of the authorities’ potential failure to protect them from criminal organisations or individuals.

On 7 June 2021 the Court granted the applicants’ request for an interim measure under Rule 39 of the Rules of Court not to be removed from Sweden for the duration of the proceedings before it.

QUESTION TO THE PARTIES

In the light of the applicants’ claims and the documents which have been submitted, would they face a real risk of being subjected to treatment in violation of Article 3 of the Convention if the expulsion order were enforced? In particular, would they face such a risk on account of the Albanian authorities’ alleged failure to protect them?