Ali Yildiz has successfully defended a case before the UN Committee against Torture against Sweden, which had rejected the asylum application of a Turkish national and decided to return the individual to Kosovo, his last country of residence.

The UN Committee, which had previously issued an interim measure to prevent the deportation, concluded in its latest session that Swedish authorities erred in their decision-making. Sweden had deemed Kosovo a safe country for individuals associated with the Gulen movement.

However, Yildiz, acting on behalf of the complainant, argued that Kosovo lacks adequate safeguards against forced deportation to Turkey. He highlighted that Kosovo is not a party to any major international human rights treaties, including the UN Convention Against Torture. Furthermore, he pointed to evidence that six Turkish nationals with ties to the Gulen movement had been forcibly returned from Kosovo to Turkey, where they were imprisoned. He also argued that Turkey wields considerable influence over Kosovo, citing statements by Turkish officials linking support for Kosovo’s NATO membership to actions against the Gulen movement, as well as a tripartite memorandum involving Turkey, Finland, and Sweden, which underscores Turkey’s prioritization of targeting the movement internationally.

The UN Committee determined that the complainant, perceived to be associated with the Gulen movement, would face a “personal, real, present, and foreseeable risk of being subjected to torture if returned to Turkey.” The Committee further noted that Kosovo’s lack of binding commitments under international human rights law, including Article 3 of the Convention Against Torture, undermines its ability to provide effective protection against refoulement. The Committee concluded that the complainant would face a genuine risk of being transferred from Kosovo to Turkey if deported there.

The UN Committee ultimately found that Sweden’s decision to deport the complainant to Kosovo would constitute a violation of Article 3 of the Convention. It ordered Sweden to refrain from forcibly removing the individual to Kosovo, recognizing the risk of torture they would face if returned to Turkey.

Related: Ali Yildiz has successfully defended a case before the UN Committee against Torture (against Switzerland)