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On Friday, two men went to the parking lot of the Swedish embassy in Belarus. Both have told staff that they are fleeing the Belarusian police and seeking asylum in Sweden.
As long as the men are not at the Swedish border, they cannot be granted asylum, explains Louise Dane, PhD in public law at the Stockholm University Law Department.
– To be able to grant asylum in Sweden, you must be in Sweden, it follows from the Aliens Act, it tells DN.
But Sweden’s responsibility does not end there. If both of them risk torture or inhuman treatment, they must be protected, one way or another.
– When it comes to the right to be protected against torture and inhuman treatment, it is absolute and also applies to Sweden abroad, says Louise Dane.
The area of the Swedish embassy is It is not Swedish territory, but it is inviolable. If Sweden believes that men need protection, they can help them get to Sweden or let them stay where they are now.
– If they remain in the area, Belarus may mean that the embassy is used in a way that it is not intended for. And they have some justification for that, because such a procedure is controversial. But even if Sweden through this approach can violate the conditions for diplomatic relations, the Belarusian authorities cannot enter the embassy, says Pål Wrange, professor of international law in the Department of Law at Stockholm University and former legal adviser international at the Ministry of Foreign Affairs.
The reasons that may justify Sweden not allowing them to stay are if it is judged that the men are not at risk of inhuman treatment or if it is claimed that Sweden does not have sufficient control over the embassy area for the ban on the torture, so Sweden must provide protection for them, he explains. Louise Dane.
The difficulties of that bringing the men to Sweden is that the Belarusian authorities can arrest the men as soon as they start their journey. Sweden can request that men receive free rent, which entitles them to leave the country without hindrance. But the Belarusian authorities can also deny such a request.
According to Louise Dane, the fact that diplomatic relations between Sweden and Belarus are at risk of being damaged is not an acceptable argument for not protecting men considering that Sweden is obliged to protect men from the risk of being subjected to inhumane treatment. But Belarus can take countermeasures to show its disapproval of Sweden.
– Could you explain to the Swedish diplomats persona non grata. A country can expel diplomats from another country at any time for no reason. You can also tell Sweden to close the embassy, but in this situation it would be very drastic, says Pål Wrange.
That people seek asylum This is the case, although it is not so common. But this situation is very sensitive, says Louise Dane.
– They may be in acute danger immediately if they leave the embassy. This situation does not happen very often. When a person applies for asylum, even if it takes place in an embassy, it is often outside the country from which they have fled and then the danger is not outside the building.
Diplomatically, it is a relatively unusual situation and “difficult to handle”, according to Pål Wrange. However, he mentions a path that would possibly be passable for Sweden.
– If Sweden now demands free rent and Belarus says no, then Sweden will stand up morally if it allows them to stay in the embassy area. They are protected against serious human rights violations and attempts have been made to remove them from the country in accordance with the regulations.
It’s not completely impossible that Belarusian President Alexander Lukashenko would unleash men, believes Paul Wrange.
– Lukashenko probably doesn’t need any more trouble. He seems to have preferred that the opposition leaders flee or be deported abroad, so the question is why he would like these two to stay at the embassy, he says.
