CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mars 2020

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Communicated on 4 March 2020 Published on 5 May 2020   FIRST SECTION Application no. 62733/19 A.A. against Finland lodged on 27 November 2019 SUBJECT MATTER OF THE CASE The application concerns the removal of the applicant, a single man, to Iraq. The asylum application of the applicant’s parents has been decided by a separate set of proceedings (see M.A. and S.A. v. Finland , no. 62756/19). On 28 March 2017 the Finnish Immigration Service rejected the applicant’s asylum application and ordered his removal back to Iraq. On 4 July 2018 the Administrative Court rejected the applicant’s appeal and on 12   October 2018 the Supreme Administrative Court refused him leave to appeal. The applicant sought again international protection in Finland on 13   November 2018. On 13 May 2019 the Finnish Immigration Service dismissed his new application without examining the merits and ordered his removal back to Iraq. This decision was upheld by the Administrative Court on 20   June 2019. On 25 September 2019 the Supreme Administrative Court refused the applicant leave to appeal. On 7 February 2020 the Court granted Rule 39 in the applicant’s case. The applicant complains under Articles 2, 3 and 5 of the Convention that he would be in a real risk of death or ill-treatment upon return to Iraq, inter alia , on the following grounds. The applicant’s father was a high-ranking officer in the Iraqi army and former member of the Baath Party who was a target of a failed murder attempt. After having fled from Iraq, the applicant was arbitrarily convicted, together with his father and brother, to a life sentence in Iraq as they were considered as traitors. When his brother tried to return to Iraq in 2017 before the conviction, there was a murder attempt against him by the Badr Organisation. In June 2019 the applicant’s paternal uncle was shot dead. In addition, the applicant is a Sunni Muslim and cannot seek the protection of the Iraqi authorities. QUESTIONS TO THE PARTIES 1.     Would the applicant’s right to life, ensured by Article 2 of the Convention, be violated if he were removed to Iraq?   2.     In the light of the applicant’s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the expulsion order were enforced?