CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 27 juin 2013

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margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid } .s9732F2A { width:183.3pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9138CF0B { margin-top:36pt; margin-bottom:36pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sE9E4B253 { font-family:Arial; font-size:8pt; font-style:italic; vertical-align:super; color:#0069d6 } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s8EB5F569 { font-family:Arial; font-size:6.67pt; vertical-align:super } .sB217F557 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:2pt } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 }     FIFTH SECTION         CASE OF M.Y.H. AND OTHERS v. SWEDEN   (Application no. 50859/10)     JUDGMENT     This version was rectified on 3 December 2013 under Rule 81 of the Rules of Court.     STRASBOURG   27 June 2013       FINAL   09/12/2013     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of M.Y.H. and Others v. Sweden , The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Mark Villiger, President,   Angelika Nußberger,   Boštjan M. Zupančič,   Ann Power-Forde,   André Potocki,   Paul Lemmens,   Helena Jäderblom, judges, and Claudia Westerdiek, Section Registrar, Having deliberated in private on 28 May 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 50859/10) against the Kingdom of Sweden lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Iraqi nationals (“the applicants”) on 3   September 2010. The President of the Section acceded to the applicants’ request not to have their names disclosed (Rule 47 § 3 of the Rules of Court). 2.     The applicants were represented by Ms M. Bexelius, a lawyer practising in Stockholm. The Swedish Government (“the Government”) were represented by their Agents, Ms C. Hellner and Ms H. Kristiansson, of the Ministry for Foreign Affairs. 3.     The applicants alleged that their deportation to Iraq would involve a violation of Article 3 of the Convention. 4.     On 21 October 2010 the President of the Section to which the case had been allocated decided to apply Rule 39 of the Rules of Court, indicating to the Government that the applicants should not be deported to Iraq for the duration of the proceedings before the Court. 5.     On 12 September 2011 the application was communicated to the Government. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicants, a married couple and their daughter, were born in 1948, 1953 and 1988 respectively. 7.     The first applicant arrived in Sweden on 26 January 2008 and applied for asylum two days later. The second and third applicants arrived in Sweden on 31 January 2008 and applied for asylum the following day. In support of their applications, the applicants submitted in essence the following. They were Christians and originated from Mosul and Baghdad. They had lived in a rented house in a predominantly Muslim neighbourhood in Baghdad for 13 years. The first applicant had run a shop selling car spare parts. In August 2006 five masked men, claiming to belong to an opposition group, had come to the shop and demanded that the first applicant pay 10,000   U.S. dollars as he was Christian. He had been able to pay only 700 ‑ 750 dollars and had been told that the men would return for the rest of the money. They had threatened to kidnap a member of his family if he failed to pay. The first applicant had never returned to the store, but when his son had gone back after a couple of days he had been kidnapped. The son had managed to flee from the boot of the car where he had been held when when the car had stopped at a traffic light. A few days later, a friend of the applicants had informed them that he had found a threatening message on the door to their shop. Shortly thereafter, the applicants had left the country for Syria. The family also claimed that it had not been possible to practise their religion where they had lived because of fear of terrorists destroying the church. The second and third applicants claimed that they had been forced to wear the veil. Moreover, while the two parents had higher education in economics and administration, their daughter had not been able to study since the family feared that she would be kidnapped as Christian women were often exposed to kidnapping, rape and murder on their way to university. 8.     On 20 September 2008 the Migration Board ( Migrationsverket ) rejected the applications. The Board held that the situation in Iraq as such, or the fact that the applicants were Christians, did not constitute grounds for asylum. It further considered that the blackmailing and kidnapping had had economic grounds rather than religious ones. Even if the family could be seen as a target because of their beliefs, the Board was of the opinion that the incidents were due to the general security situation in Baghdad and not the applicants’ religious affiliation. According to the Board, the other claims – the fear of terrorists and the forced use of the veil – were also connected to the general situation in Baghdad. The Board further pointed out that, at the time of its decision, more than two years had passed since the alleged incidents had taken place. In any event, it concluded that the incidents were not of such severity or intensity that there would be an individual threat against the applicants if they were to return to Iraq. 9.     The applicants appealed, adding to their story that their neighbour in Baghdad had informed them that someone had written “Christians are to be killed” and “Your blood should be spilled” on their house in September 2008. 10.     On 18 June 2009 the Migration Court ( Migrationsdomstolen ) upheld the decision of the Board. The court held that, having regard to the several years that had passed since the alleged incidents and to the improved security situation in Baghdad, the evidence did not suggest that there was an individualised threat against the applicants upon return. 11.     On 4 September 2009 the Migration Court of Appeal ( Migrations-överdomstolen ) refused the applicants leave to appeal. 12.     Subsequently, the applicants claimed that there were impediments to the enforcement of their deportation order. They stated that they were in a bad condition mentally and that the general situation in Iraq had deteriorated. 13.     On 9 March 2010 the Migration Board decided not to reconsider the case, finding that no new circumstances justifying a reconsideration had been presented. The Board’s decision was upheld by the Migration Court on 16   June 2010. II.     RELEVANT DOMESTIC LAW 14.     The basic provisions applicable in the present case, concerning the right of aliens to enter and to remain in Sweden, are laid down in the Aliens Act ( Utlänningslagen , 2005:716). 15.     An alien who is considered to be a refugee or otherwise in need of protection is, with certain exceptions, entitled to a residence permit in Sweden (Chapter 5, section 1 of the Act). The term “refugee” refers to an alien who is outside the country of his or her nationality owing to a well-founded fear of being persecuted on grounds of race, nationality, religious or political beliefs, or on grounds of gender, sexual orientation or other membership of a particular social group and who is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country (Chapter 4, section 1). This applies irrespective of whether the persecution is at the hands of the authorities of the country or if those authorities cannot be expected to offer protection against persecution by private individuals. By “an alien otherwise in need of protection” is meant, inter alia , a person who has left the country of his or her nationality because of a well-founded fear of being sentenced to death or receiving corporal punishment, or of being subjected to torture or other inhuman or degrading treatment or punishment (Chapter 4, section 2). 16.     Moreover, if a residence permit cannot be granted on the above grounds, such a permit may be issued to an alien if, after an overall assessment of his or her situation, there are such particularly distressing circumstances ( synnerligen ömmande omständigheter ) to allow him or her to remain in Sweden (Chapter 5, section 6). Special consideration should be given, inter alia , to the alien’s health status. According to the preparatory works (Government Bill 2004/05:170, pp. 190-191), life-threatening physical or mental illness for which no treatment can be given in the alien’s home country could constitute a reason for the grant of a residence permit. 17.     As regards the enforcement of a deportation or expulsion order, account has to be taken of the risk of capital punishment or torture and other inhuman or degrading treatment or punishment. According to a special provision on impediments to enforcement, an alien must not be sent to a country where there are reasonable grounds for believing that he or she would be in danger of suffering capital or corporal punishment or of being subjected to torture or other inhuman or degrading treatment or punishment (Chapter 12, section 1). In addition, an alien must not, in principle, be sent to a country where he or she risks persecution (Chapter 12, section 2). 18.     Under certain conditions, an alien may be granted a residence permit even if a deportation or expulsion order has gained legal force. This is the case where new circumstances have emerged which indicate that there are reasonable grounds for believing, inter alia , that an enforcement would put the alien in danger of being subjected to capital or corporal punishment, torture or other inhuman or degrading treatment or punishment or there are medical or other special reasons why the order should not be enforced (Chapter 12, section 18). If a residence permit cannot be granted under this criteria, the Migration Board may instead decide to re-examine the matter. Such a re-examination shall be carried out where it may be assumed, on the basis of new circumstances invoked by the alien, that there are lasting impediments to enforcement of the nature referred to in Chapter 12, sections   1 and 2, and these circumstances could not have been invoked previously or the alien shows that he or she has a valid excuse for not having done so. Should the applicable conditions not have been met, the Migration Board shall decide not to grant a re-examination (Chapter 12, section 19). 19.     Matters concerning the right of aliens to enter and remain in Sweden are dealt with by three instances: the Migration Board, the Migration Court and the Migration Court of Appeal. III.     RELEVANT INFORMATION ABOUT IRAQ A.     General human rights situation 20.     In its Report on Human Rights in Iraq: 2011 , published in May 2012, the Human Rights Office of the United Nations Mission for Iraq (UNAMI) gave, inter alia , the following summary (at pp. vi-vii): “Levels of violence in Iraq (outside of the Kurdistan Region) remain high, and the number of civilians killed or injured in conflict-related incidents has only slightly decreased compared with figures for 2010. UNAMI figures show that during 2011 some 2,771 civilians were killed and some 7,961 civilians were wounded. Most of the violence was concentrated in and around Baghdad, Ninawa and Kirkuk. Violent incidents also occurred in Anbar and Diyala, while the south around Basra saw very few such incidents. Despite a decline in the overall number of incidents compared with 2010, those that did occur were often more deadly, with a few such attacks claiming scores of victims. As in 2010, attacks specifically targeting political leaders, government officials and security personnel, as well as of community and religious leaders, and legal, medical and education professionals continued. A destabilising factor in relation to security was the steady withdrawal of remaining United States forces (USF-I) – a process completed by 18 December 2011. Shifting relationships between various political blocs, parties and factions, compounded by tribal, ethnic, and religious differences also contributed to a deterioration in the human rights environment. Civilians continued to suffer from attacks based on their ethnic, religious and other affiliations. There were several large-scale attacks on Shi’a pilgrims and on places of worship. Members of the Christian community were also targeted – as were members of the Turkoman community (particularly around Kirkuk) and members of other religious and ethnic minorities, such as Yezidi, Shabaks, Sabian Mandaeans, and Manichaeans. Members of sexual minorities also suffered from killings and widespread social and State sanctioned discrimination – with Iraqi security forces and other State institutions failing to protect them. ... Violence perpetrated against women and girls, including so called ‘honour crimes’, is of serious concern. The Government of Iraq has made no attempt to repeal sections of the Iraqi Criminal Code which permits honour as a mitigating factor in relation to crimes of violence against women. Low awareness of women’s rights and the existence of deep-rooted cultural norms are important factors in perpetuating a culture of violence and disregard for the rights of women.” In regard to the Kurdistan region, the report stated (at pp. viii-ix): “The overall human rights situation in Kurdistan Region continued to improve, although challenges remain, including concerns over the respect for freedom of assembly and freedom of expression and the protection of journalists. ... The KRG [Kurdistan Regional Government] introduced some significant legislative reforms, including a landmark domestic violence law which does much to address violence against women and children – however, Female Genital Mutilation (FGM) remains of concern, which the KRG needs to address through social education programmes and legislative reform. There were also reports of honour killings of women, although the exact levels and prevalence of the problem were difficult to ascertain. The KRG previously suspended sections of the Criminal Code which permitted honour as a mitigating factor in relation to murder in domestic contexts. The region has been proactive in addressing issues that confront the full enjoyment by women of their rights with the establishment of the Kurdistan Region High Advisory Committee on Women to recommend legal and social reforms and to coordinate KRG action on these issues.” 21.     In his report of 16 February 2011, the Representative of the (United Nations) Secretary-General on the human rights of internally displaced persons, Mr Walter Kälin, noted the following (at paras. 9-10) after a visit to Iraq in September/October 2010: ”Despite improvements in the overall security situation since 2006, the situation in Iraq is still characterized by continued indiscriminate attacks against civilians, including religious and ethnic minorities, arbitrary arrests, alleged ill-treatment while in detention, and sexual and gender-based violence. Moreover, impunity is reported as being widespread, while access to justice is largely absent due to fear of reprisals, lack of capacity among rule of law institutions, corruption and lack of awareness of accountability mechanisms. In the Kurdistan Region of Iraq, while the security situation is considerably better than in the rest of the country, specific concerns have been raised with regard to, inter alia: serious violations of the rights of suspects and detainees by KRG authorities; sexual and gender-based violence; and the impact of anti-terrorism legislation on human rights, including specifically the practice of keeping persons in de facto unlimited administrative detention.” 22.     The UK Border Agency Iraq Operational Guidance Note of December 2011 noted (at paras. 2.3.4 and 2.3.5): “Violence, albeit still far above what ought to be tolerable, has levelled off in the past two years. Iraqi security forces have taken the lead in several important operations. Recently, they have withstood three noteworthy tests: the departure of close to 100,000 US troops since January 2009; the March 2010 parliamentary elections; and, over the past several months, political uncertainty prompted by institutional deadlock. If insurgents remain as weak as they are and find no fresh opportunity to exploit political fractures, security forces operating at less-than-optimal levels still should face no serious difficulty in confronting them. It has been reported that although oversight by the MOI [Ministry of Interior] and MOD [Ministry of Defence] has increased, problems continue with all security forces, arising from sectarian divisions, corruption, and unwillingness to serve outside the areas in which personnel were recruited. ...” B.     The specific situation of Christians 23.     In its 2011 report, UNAMI noted that, while there had been some improvements in terms of security for Iraq’s ethnic and religious groups, their situation continued to be precarious. According to figures provided by the Iraqi Ministry of Human Rights, 14 Christians were killed in targeted attacks during the year. The overall figure for civilians killed in conflict ‑ related circumstances was 2,781 (at pp. 30 and 2, respectively). 24.     The Minority Rights Group International described the Christians in Iraq thus ( Iraq’s Minorities: Participation in Public Life , November 2011, p.   8): “Iraqi Christians include Armenians, Chaldeans, Assyrians, Syriacs and Protestants. Christians are at particular risk for a number of reasons, including religious ties with the West, perceptions that Christians are better off than most Iraqis, and leadership positions in the pre-2003 government. The fact that Christians, along with Yezidis, continue to trade in alcohol in Iraq (both groups have traditionally sold alcohol in Iraq), has also made them a target in an increasingly strict Islamic environment. Waves of targeted violence, sometimes in response to the community’s lobbying for more inclusive policies (for example, reserved seats in elections) have forced the Christian community to disperse and seek refuge in neighbouring countries and across the world. In 2003, they numbered between 800,000 and 1.4 million; by July 2011, that number had fallen to 500,000, according to USCIRF [United States Commission on International Religious Freedoms].” 25.     On 31 May 2012 the United Nations High Commissioner for Refugees (UNHCR) issued the latest Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Iraq (hereafter “the UNHCR Guidelines”). The situation for members of religious minorities was summarised as follows (at p. 27): “UNHCR considers that, depending on the particular circumstances of the case, members of minority religious groups in central and southern Iraq are likely to be in need of international refugee protection on the grounds of religion, (imputed) political opinion or membership in a particular social group. Christian converts are likely to be in need of international refugee protection in the whole country, including the Kurdistan Region.” Except for the difficulties for Christian converts, UNHCR gave the following account of the three northern governorates under the control of the KRG (at p. 27): “In the Kurdistan Region, the rights of religious minorities are generally respected and groups can worship freely without interference. The KRG Ministry of Education funds public schools at the elementary and high school level in the Aramaic language. The curriculum in the Kurdistan Region does not contain religion or Qur’an studies. A significant number of religious minorities, in particular Christians, have sought refuge in the region.” In regard to Christians in general, the UNHCR Guidelines stated (at pp.   27-28): “The number of Iraqi Christians (who belong to a number of different branches) has been drastically reduced since 2003, with significant displacement inside and outside the country. Most Christians are located in Baghdad, in and around Mosul (Ninewa Plain), Kirkuk and Basrah. An estimated thirty per cent reside in the northern governorates of Dahuk, Erbil and Sulaymaniyah. Since the fall of the former regime in 2003, armed Sunni groups have targeted Christians and their places of worship. Attacks are commonly motivated by religion, (imputed) political opinion and/or (perceived) wealth. An attack by Islamic State of Iraq/Al-Qa’eda in Iraq on 31 October 2010 on the Our Lady of Salvation Catholic Cathedral in Baghdad left more than 50 Christians, including two priests, and seven policemen dead, and triggered an exodus of more than 1,300 Christian families from Baghdad, Mosul and Basrah to the Kurdistan Region, other areas of Ninewa Governorate and abroad. In fact, more Christians were displaced in 2010 than any other year since 2003. After the October 2010 attack, threats and violence against Christians further increased and in the following months, persons of Christian faith were specifically targeted in their homes or workplaces. In 2011 and early 2012, Christians reportedly continued to be subjected to threats, kidnappings, attacks on their homes and assassination. Christians have also been kidnapped against ransom; however, even in criminal cases, consideration should be given to the victim’s presumed vulnerability as a member of a religious minority or his/her (perceived) social status. In 2011, churches were repeatedly subject to (attempted) bombings, often coordinated, including in Baghdad, Mosul and Kirkuk. Extremist groups have also targeted Christians for being associated with the sale of alcohol. In the three northern governorates of Sulaymaniyah, Erbil and Dahuk, the rights of Christians are generally respected and a significant number have sought refuge in the region: in particular, in the Governorate of Dahuk, from where many originate, and the Christian town of Ainkawa, near the city of Erbil. In early December 2011, however, a mob allegedly shouting anti-Christian slogans reportedly attacked mainly Christian and Yazidi-owned liquor shops and businesses in and near the town of Zakho (Dahuk). The attacks were allegedly triggered by an inflammatory Friday prayer sermon condemining “un-Islamic” businesses. Reportedly, up to 30 liquor shops, hotels and a massage parlour were vandalized or burned down. An attempt to attack the Christian quarter in Zakho was reportedly prevented by the security forces. Affected shop owners reportedly found leaflets on the shop walls, threatening them if they were to reopen the shops. Motives for the violence remain unclear. In 2011 several kidnappings of Christians were reported in Ainkawa, spreading fear among the community and resulting in internally displaced Christian families fleeing abroad.” The report went on to examine the particular circumstances for Christian converts (at pp. 28-29): “The Constitution of Iraq requires the Iraqi State to uphold both freedom of religion and the principles of Islam, which, according to many Islamic scholars, includes capital punishment for leaving Islam. Iraqi Penal Law does not prohibit conversion from Islam to Christianity (or any other religion); however, Iraq’s Personal Status Law does not provide for the legal recognition of a change in one’s religious status. These apparent contradictions have not yet been tested in court and, as a result, the legal situation of converts remains unclear. A convert would not be able to have his/her conversion recognized by law, meaning that he/she has no legal means to register the change in religious status and his/her identity card will still identify its holder as “Muslim”. As a result, children of converts may be without an identification card, unless their parents register them as Muslims. Children of converts cannot be enrolled in Christian schools and are obliged to participate in mandatory Islamic religion classes in public schools. A female convert cannot marry a Christian man, as she would still be considered Muslim by law. A convert may also have his/her marriage voided as under Shari’a Law, as an “apostate” cannot marry or remain married to a Muslim and will be excluded from inheritance rights. Given the widespread animosity towards converts from Islam and the general climate of religious intolerance, the conversion of a Muslim to Christianity would likely result in ostracism and/or violence at the hands of the convert’s community, tribe or family. Many, including (Sunni and Shi’ite) religious and political leaders, reportedly believe that apostasy from Islam is punishable by death, or even see the killing of apostates as a religious duty. Additionally, Christian converts risk being suspected as working with the MNF-I [Multi-National Force – Iraq]/USF-I or more generally the “West”, which in the opinion of some has fought a “holy war” against Iraq. Converts and children of converts may face harassment at their place of employment, or at school. The reporting of harassment to the authorities, may, according to some observers, result in further harassment or violence at the hands of government officials and police.” 26.     The UK Border Agency Iraq Operational Guidance Note concluded the following with regard to Christians (at para. 3.10.13/3.10.21): ”The authorities in central and southern Iraq are generally unable to provide effective protection to Christians or other religious minorities. The Kurdistan Regional government currently allows Iraqi Christians from central and southern Iraq to settle into its three governorates. ... Christian converts are unlikely to be provided with effective protection by the central and southern Iraqi authorities or by the authorities of the Kurdistan Region of Iraq. ...” 27.     In its International Religious Freedom Report for 2012 , published on 20   May 2013, the United States Department of State summarised the religious situation in Iraq thus: “The constitution provides for religious freedom and the government generally respected religious freedom in practice. The trend in the government’s respect for religious freedom did not change significantly during the year. The constitution recognizes Islam as the official religion, mandates that Islam be considered a source of legislation, and states that no law may be enacted that contradicts the established provisions of Islam. However, it also states that no law may contradict principles of democracy or the rights and basic freedoms stipulated in the constitution. The constitution guarantees freedom from intellectual, political, and religious coercion. Some apparent contradictions between the constitution and other legal provisions were tested in court during the year; the courts upheld full legal protection for religious freedom in those cases. Other contradictions remain untested. Officials sometimes misused their authority to limit freedom for religious groups other than their own. However, the government continued to call for tolerance and acceptance of all religious minorities, provided security for places of worship such as churches, mosques, shrines, and religious pilgrimage sites and routes, and funded the construction and renovation of places of worship for some religious minorities. Al-Qaeda in Iraq (AQI) and other terrorist and illegally armed groups commited violent attacks that restricted the ability of all believers to practice their religion. There were reports of societal abuses and discrimination based on religious affiliation, belief, or practice. Sectarian violence occurred throughout the country, although to a lesser extent in the Iraqi Kurdistan Region (IKR), and restricted religious freedom. No reliable statistics on religiously motivated violence were available. The overwhelming majority of mass casualty terrorist attacks targeted Muslims. A combination of sectarian hiring practices, corruption, targeted attacks, and the uneven application of the law had a detrimental economic effect on minority non-Muslim communities, and contributed to the departure of non-Muslims from the country.” 28.     Designating Iraq as a “country of particular concern” for the sixth year running, the United States Commission on International Religious Freedoms, in its 2013 Annual Report , published on 30 April 2013, made the following findings: “Over the last several years the Iraqi government has made efforts to increase security for religious sites and worshippers, provide a stronger voice for Iraq’s smallest minorities in parliament, and revise secondary school textbooks to portray minorities in a more positive light. Nevertheless, the government of Iraq continues to tolerate systematic, ongoing, and egregious religious freedom violations, including violent religiously-motivated attacks. Violence against Iraqi civilians continued in 2012 at approximately the same level as in 2011. In addition, the government took actions that increased, rather than reduced, Sunni-Shi’i and Arab-Kurdish tensions, threatening the country’s already fragile stability and further exacerbating the poor religious freedom environment. ... Shi’i Muslims experienced the worst attacks of any religious community during the reporting period, including against pilgrims participating in celebrations on or around important religious holidays. The government has proven unable to stop religiously-motivated attacks from occurring and lacks the will or capacity to investigate attacks and bring perpetrators to justice. This has created a climate of impunity, which in turn exacerbates a perpetual sense of fear for all religious communities, particularly the smallest ones. Large percentages of the country’s smallest religious minorities – which include Chaldo-Assyrian and other Christians, Sabean Mandaeans, and Yezidis – have fled the country in recent years, threatening these communities’ continued existence in Iraq. The diminished numbers that remain face official discrimination, marginalization, and neglect, particularly in areas of northern Iraq over which the Iraqi government and the Kurdistan Regional Government (KRG) dispute control. Religious freedom abuses continue towards women and individuals who do not conform to strict interpretations of religious norms or attacks on businesses viewed as “un-Islamic”. However, in a positive development, the Iraqi parliament shelved a problematic draft Information Crimes law that would have restricted the freedoms of religion and expression. Additionally the KRG parliament rejected a draft law to “protect sanctities,” which, if adopted, would violate these same freedoms. However, there are reports that KRG officials may still pursue legal action against the media for offending religion, Kurdish history, or national symbols.” It further noted the following: “Many of the non-Muslim minorities internally displaced by violence have gone to the north of the country, mainly to Nineveh governorate and the territory of the KRG, which is comprised of three other governorates. Northern Iraq, particularly the Nineveh Plains area of Nineveh governorate, is the historic homeland of Iraq’s Christian community, and the Yezidi community is indigenous to Nineveh and the KRG governorate of Dahuk. The three KRG governorates are relatively secure, but Nineveh governorate, particularly in and around its capital Mosul, remains extremely dangerous, and control over this ethnically and religiously mixed area is disputed between the KRG and the central Iraqi government. Religious and ethnic minorities in these areas, including non-Muslims and ethnic Shabak and Turkomen, have accused Kurdish forces and officials of engaging in systematic abuses and discrimination against them to further Kurdish territorial claims. These accusations include reports of Kurdish officials interfering with minorities’ voting rights; encroaching on, seizing, and refusing to return minority land; conditioning the provision of services and assistance to minority communities on support for Kurdish expansion; forcing minorities to identify themselves as either Arabs or Kurds; and impeding the formation of local minority police forces. The minorities also accuse both Arab and Kurdish officials of ignoring these vulnerable communities as they focus on their fight for territorial control.” C.     Possibility of internal relocation to the Kurdistan Region 29.     The Representative of the UN Secretary-General stated in the above-mentioned report of 16 February 2011 (at para. 65): ”In the Kurdistan Region of Iraq, the Representative acknowledges that KRG has received and provided safety to IDPs [internally displaced persons] from all over Iraq regardless of their origin, particularly in the aftermath of the sectarian violence in the country 2006. Stronger coordination and cooperation mechanisms between the Central Government and KRG are necessary however, to address the situation of IDPs in this region, including vulnerable groups, as well as a number of administrative and financial assistance issues, such as difficulties in transferring PDS cards [Public Distribution System food ration cards] and receiving pensions, which are adversely affecting the rights and standard of living of IDPs. As well, while improved social, security, and economic conditions prevail in this region, continued cross border attacks continue to cause periodic displacement of its border populations. The Representative believes that stronger cooperation between the Government of Iraq and KRG, as well as concerted diplomatic efforts and border dialogues with relevant neighbouring countries, must be undertaken in order to prevent and raise awareness of the impact of cross-border attacks on civilian populations.” 30.     The UNHCR Guidelines contain the following observations (at pp.   48-51): ”A large number of persons from the central governorates have found refuge in the three northern governorates since 2006. Commensurate with the sharp decrease in new displacements generally, the flow of new arrivals has decreased significantly; however, only a few of those previously displaced have to date returned to their places of origin. The influx of IDPs has had an important impact on the host communities, including increasing housing and rental prices, additional pressure on already strained public services and concerns about security and demographic shifts. At the same time, the three northern governorates have also benefited from the migration of professionals bringing skills and disposable incomes that boost the local economy. Unskilled IDPs have provided a source of affordable labour for the construction industry. The KRG authorities continue to implement stringent controls on the presence of persons not originating from the Kurdistan Region. Depending on the applicant, particularly his/her ethnic and political profile, he/she may not be allowed to relocate to or take up legal residence in the three northern governorates for security, political or demographic reasons. Others may be able to enter and legalize their stay, but may fear continued persecution as they may still be within reach of the actors of persecution or face undue hardship. Therefore, despite the hospitable attitude of the KRG authorities towards a considerable number of IDPs, the availability of an IFA/IRA [internal flight/relocation alternative] must be carefully assessed on a case-by-case basis ... ... Since the fall of the former regime, the KRG authorities are very vigilant about who enters the Kurdistan Region and have introduced strict security measures at their checkpoints. However, there are no official and publicly accessible regulations concerning procedures and practices at the entry checkpoints into the Kurdistan Region. An ad hoc and often inconsistent approach can be expected in terms of who is granted access, varying not only from governorate to governorate, but also from checkpoint to checkpoint. The approach at a particular checkpoint may be influenced by several factors including the overall security situation, the particular checkpoint and its staff, the instructions issued on that day and the particular governorate where the checkpoint is situated. UNHCR has repeatedly sought to obtain information and clarification from the KRG authorities on checkpoint practices and entry/residence in the Kurdistan Region, without success. Therefore, persons seeking to relocate to the Kurdistan Region depend on informal information with regard to entry procedures. Individuals/families wishing to enter the Kurdistan Region can seek to obtain a tourist, work or residence card. The tourist card, which is commonly given to persons from central and southern Iraq who seek to enter the Kurdistan Region, allows the holder to stay for up to 30 days. Depending on the person’s profile, but also the checkpoint and the officer in charge, persons seeking to enter as tourists may be required to produce a sponsor. Arabs, Turkmen and Kurds from the disputed areas are usually requested to have a sponsor, while Kurds (not from the disputed areas) and Christians are able to enter without a sponsor. Alternatively, persons who have a proof of employment (letter of appointment) can obtain a work card, which is valid for 10-15 days and is, in principle, renewable. Persons seeking to stay more than 30 days should in principle obtain a residence card. Long-term stays always require a sponsor. UNHCR is not aware of any IDPs who have received the residence card. The sponsorship process lacks clarity and there is no uniform procedure in place. In some cases, the sponsor is required to be physically present at the checkpoint to secure the person’s entry. In other cases, it seems to suffice that a person seeking to relocate to the Kurdistan Region produces a letter notarized by a court clerk attesting to the person’s connection to the sponsor. In some cases, the officer at the checkpoint will simply make a phone call to the sponsor to verify the acquaintance. Iraqis without sufficiently strong ties to the Kurdistan Region and who, therefore, are unable to find a sponsor, may be denied entry into the Kurdistan Region. There are reportedly also different requirements as to the nature of the sponsor. UNHCR is aware of individuals who have been refused entry into the Kurdistan Region. Arabs, Turkmen and certain profiles of Kurds will likely face extensive questioning and may be denied entry at the checkpoint, mostly due to security concerns. In particular, single Arab males, including minors, are likely either to be denied entry into the Kurdistan Region or to be allowed entry only after a lengthy administrative procedure and heavy interrogation. Checkpoints reportedly maintain “blacklists” of individuals banned from entering the Kurdistan Region, including those considered a security risk, but also those who have previously overstayed or did not renew their residence permits. Christians, especially those who fled due to targeted attacks, reportedly do not face difficulties in entering the Kurdistan Region. Persons not originating from one of the three northern governorates intending to remain in the Kurdistan Region for more than 30 days must approach the neighbourhood security station (Asayish) in the area of relocation to obtain a permit to stay (“information card” or karti zaniyari). As with the entry procedures, there are no official rules or regulations concerning the issuance of information cards. Generally, in all three governorates, a sponsor is required in order to obtain the information card. This means that those that were able to enter without a sponsor are, at this stage, obliged to find a sponsor. Families, provided they have a sponsor from the governorate concerned and the necessary personal documentation, are usually able to secure the information card. Single people apparently face more difficulties. Persons who do not have a sponsor will not be able to regularize their continued stay and may be forced to leave. Persons fleeing persecution at the hands of the KRG or the ruling parties will almost always not be able to find protection in another part of the Kurdistan Region. Persons fleeing persecution at the hands of non-state actors (e.g. family/tribe in the case of fear from “honour killing” or blood feud) may still be within reach of their persecutors. The same applies for persons fearing persecution by armed Islamist groups.” 31.     As regards the acquisition of identity documents, the UK Border Agency maintained ( Iraq Operational Guidance Note , para. 2.4.5): “It is not necessary for an individual to return to their registered place of residence to transfer documents to a new area of Iraq. It is possible for example to apply at a registration office in Baghdad, to have documents transferred from elsewhere in Iraq. However the MoDM [Ministry of Displacement and Migration] have said that in practice this does not happen because it is now safe enough for someone to return to their registered place of residence to arrange to transfer documents. The processes and procedures were the same throughout governorates across south and central Iraq.” Disagreeing with the UNHCR as to the possibility of internal relocation for Iraqi asylum seekers, the Border Agency further stated (para. 2.4.14): “We do not however accept UNHCR’s conclusions on internal relocation from the central governorates and consider that there is likely to be considerable scope for internal relocation that achieves both safety and reasonableness in all the circumstances. We consider UNHCR’s position is tied in with general policy considerations (e.g. about managing the rates of return) deriving from their general and Iraq-specific remit; we do not consider that in the light of the evidence taken as a whole that mere civilian returnees are at real risk of persecution under the Refugee Convention or of serious harm under either the [EU] Qualification Directive or Article 3 [of the European Convention on Human Rights] currently.” 32.     SR (Iraqi/Arab Christian: relocation to KRG) Iraq CG [2009] UKAIT 00038 is a country guidance determination delivered by the UK Upper Tribunal (Immigration and Asylum Chamber) on 31 July 2009. In the headnote, the Upper Tribunal stated:   “An Iraqi Arab Christian at risk in his home area and throughout central and southern Iraq is likely to be able to obtain the documentation needed by a person wishing to relocate within Iraq, and is likely to be able to relocate to the KRG with the assistance of a sponsor, in particular, on the basis of the latest statistics available, in Erbil or Dohuk.” 33.     In a later country guidance case, MK (documents – relocation) Iraq CG [2012] UKUT 00126 (IAC) , determined on 25 April 2012, the Upper Tribunal concluded, among other things, the following (at para. 88): “Entry into and residence in the KRG can be effected by any Iraqi national with a CSID [Civil Status ID], INC [Iraqi Nationality Certificate] and PDS, after registration with the Asayish (local security office). An Arab may need a sponsor; a Kurd will not. Living conditions in the KRG for a person who has relocated there are not without difficulties, but there are jobs, and there is access to free health care facilities, education, rented accommodatio