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FOR IMMEDIATE RELEASE
March 30, 2026
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Henrike Dessaules | media@refugeerights.org
EUROPEAN COURT OF HUMAN RIGHTS RULES AFGHAN MAN MAY NOT BE DEPORTED
IRAP Represented the Applicant in the Case Against Sweden
(STRASBOURG, France) – Last Thursday, a 7-judge panel of the European Court of Human Rights unanimously held that Sweden must not deport Mr. D.M., a member of the Hazara ethnic minority group, to Afghanistan, as this would violate Article 3 of the European Convention on Human Rights – the prohibition against torture and inhuman and degrading treatment. Mr. D.M. first applied for asylum in Sweden upon arrival as an orphan back in 2015. He was represented before the European Court by the International Refugee Assistance Project (IRAP).
The European Court concluded that expelling Mr. D.M. to Afghanistan would violate the prohibition on torture and inhuman and degrading treatment because of the real risks of ill-treatment that he faces in Afghanistan. In the Court’s assessment, those risks arise due to a combination of Mr. D.M.’s membership of the Hazara ethnic minority group, the area of Afghanistan he is from (and to which in practice he would also have to return if expelled), and the divergence of his beliefs and conduct from the “particularly draconian” and “deeply repressive” norms that are being enforced, even against men, in Afghan society today.
Addressing the prior Swedish proceedings and the key assessments by the Swedish authorities and courts when denying Mr. D.M. protection, the European Court ruled that it was “not convinced that those assessments… adequately reflect the particular circumstances of [Mr. D.M.’s] case”, or “the risks faced in Afghanistan by individuals… who do not conform to the strict rules and restrictions in place under the current regime”. The European Court also ruled that “there is no indication that all relevant factors were considered cumulatively” by the Swedish authorities and courts in their assessment of the risks facing Mr. D.M., as required.
The European Court’s judgment comes at a time when, under the pretext of immigration control, several European states have been deporting nationals to Taliban-ruled Afghanistan, or have been engaging in discussions to do so. That includes instances where the individual, like Mr. D.M., has no criminal record and has never been assessed as posing any risk to security or public order.
“Last week’s judgment comes after a very long, often traumatising, series of legal battles faced by our client in Sweden”, said David Öberg Loveday, International Litigation Staff Attorney at IRAP. “While we will be taking time to give the European Court’s judgment the careful analysis it deserves, we celebrate this outcome as an important legal victory, both for our client and for basic norms of international protection law that have been increasingly under threat.”
Additional Information
- Read the judgment in full: D.M. v. Sweden, 32694/23, 26 March 2026
- Learn more about IRAP Europe: HERE
The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there.