The UN Committee against Torture (CAT) decided that Sweden’s decision to deport a Turkish national tied to the Gülen movement to Kosovo would breach its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, citing the risk of his rendition to Turkey and potential torture.
Turkey accuses the Gülen movement, inspired by the late Turkish cleric Fethullah Gülen, of orchestrating a 2016 coup attempt, although it strongly denies any involvement. Ankara also claims the movement had attempted to overthrow the ruling Justice and Development Party (AKP) government several times before the failed coup, most notably by conducting a corruption investigation of some in the close circle of then-Prime Minister Recep Tayyip Erdoğan in 2013.
The CAT determined that Sweden’s plan to deport Turkish national S.T. to Kosovo would violate international law, citing a significant risk that he could be forcibly transferred to Turkey and subjected to torture.
The committee issued its decision on Nov. 8, stating that Sweden’s actions would contravene Article 3 of the Convention Against Torture, which prohibits the expulsion of individuals to countries where they face a real danger of torture. S.T., 29, who had been living in Sri Lanka from 2013 to 2016, relocated to Kosovo later in 2016, where he worked as an English teacher for institutions affiliated with the Gülen movement, which the Turkish government considers a terrorist organization.
However, following the abduction and forced deportation of six Gülen affiliates from Kosovo to Turkey in 2018, S.T. fled to Sweden, seeking asylum. Swedish authorities rejected his application in 2021, deeming Kosovo a safe third country, and planned to deport him back there.
The committee’s decision highlighted the ongoing risk to Gülen-linked individuals in Kosovo, citing Turkey’s documented practice of extrajudicial renditions in coordination with local authorities. It noted that while Kosovo’s government condemned the 2018 deportations and implemented reforms to uphold the principle of non-refoulement, or non-return, Turkish influence in the country remains strong, raising concerns for individuals like S.T..
“The risks are neither remote nor speculative,” the committee stated, referencing Turkey’s continued pursuit of Gülen affiliates abroad and its well-documented use of torture against detainees. Reports by UN experts and human rights organizations detail a culture of impunity in Turkey, where allegations of enforced disappearances, torture and arbitrary detention persist.
The committee also noted that Kosovo, which is not a party to the Convention Against Torture or other international human rights treaties, has limited legal safeguards against the return of individuals to countries where they may face serious harm or persecution. S.T.’s expired residency permit in Kosovo further weakens his protections, it said.
Swedish authorities maintained that S.T. faced no immediate threat during his time in Kosovo and could apply for asylum there.
However, CAT dismissed this argument, pointing to the 2018 abductions and Kosovo’s history of yielding to Turkish demands. It concluded that deporting S.T. to Kosovo would foreseeably result in his rendition to Turkey, where he would face a high risk of torture.
The committee ordered Sweden to halt S.T.’s deportation and to provide a response within 90 days outlining measures to comply with the decision.
S.T.’s legal representative, Ali Yildiz, welcomed the decision, calling it “a vital affirmation of international protections for those targeted by oppressive regimes.”
Under Article 3 of the Convention Against Torture, state parties are prohibited from transferring individuals to any country where they may face torture, including through indirect deportations to third countries. CAT’s decision underscores its commitment to upholding this principle and protecting vulnerable individuals from potential harm.