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Father and son Kuznetjik climbed a fence at the embassy on September 11. Their purpose was to seek asylum in Sweden, but were instead informed that the embassy does not accept asylum applications. An asylum application can only be made to the border police or one of the application units of the Swedish Immigration Board. And the men have been in the embassy since then, where they have received food and drink, according to previous information from the Ministry of Foreign Affairs.
According to the Swedish Foreign Ministry, the two men Vladislav and Vitaly Kuznetjik were still at the Swedish embassy in Minsk on Saturday.
“An important human rights issue”
After the men submitted an application to the European Court, the court has now considered trying the case. Therefore, the court has asked Sweden about possible government action with regard to men.
According to the Ministry of Foreign Affairs, the court has announced that it is not currently carrying it out. But human rights lawyer Percy Bratt believes there is a good chance that the European Union Court of Justice will take over the case.
– It is an important human rights issue that is illustrated here. What responsibility do you have when people threatened with torture or murdered escape to the embassy area? Can you then say “we expelled them to the hounds again, we have no responsibility for this?” I believe that is an important issue. And I understand that the government fears the consequences.
The case may be tried by the European Court of Justice
The government writes in its reply that Sweden has not violated men’s human rights and argues that the case should not be considered. This is because the Swedish embassy is not Swedish territory and embassies are not intended to function as “trespasser protection”.
But Percy Bratt believes that it is still possible for the European Court of Justice to try the case.
– It is precisely the case that when it comes to such harsh and absolute rights, such as the right not to be subjected to torture or serious inhuman treatment, then you have a far-reaching responsibility.