Complaint Filed on 2023 with UNHCR by Andres Nicolas Moran about abuses he endured in the Swedish Migrant processing and legal system >>>
(The Brief was filed under the alias Jaime Varela Torres for fear of provoking retaliation against people I care about back in Florida. In 2005, the FBI forced one such a person to sign statements under duress in support of criminal allegations attributed to my person fabricated by them. This is why I wrote thst I hsd been an "undocumented migrant" in the United States, so as to deflect attention away from people I care about in Florida and shield them from possible retaliation. In all this I have to factor the possibility of collateral damage impacts upon innocent third parties there.)
I.
*** Article 5 (UNDHR): No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In 2023 in Sweden I was subjected to a form of psychological torture while detained at the immigrant detention facility in Åstorp, Skåne. I had to undergo six long months of detention and that was a form of psychological torture itself because I live with anxiety disorder. I did receive medication for anxiety and depression at Åstorp; and because of that I was able to more or less cope. However, because of the homophobia of inmates who came from cultures where homosexuality and transexuality are not accepted I lived in fear of being assaulted and that created more anxiety. That background situation of insecurity aggravated the stress created by having to defend myself against the relentless efforts of the Swedish Border Police to refoul me. The Swedish Migration Board does not make provision for LGBTQi+ inmates at their detention facilities and fault for the problems is not with the migrants who come from cultures where homosexuality is forbidden.
I was subjected to degrading treatment in the context of proceedings related to being investigated on suspicion of a minor crime in Malmo in 2023. I was detained in a prison environment, and not a pre-trial detention facility, before being tried; in gross violation of the right to presumption of innocence and the prohibition of unlawful deprivation of liberty. The prosecutor and police engaged in this arbitrary behavior citing an alleged “flight risk” possibility that they did not back with any type of evidence. The panel that heard my appeal on detention was a panel of local Politicians and the prosecutor, not an impartial legal tribunal. That forum was clearly an illegitimate political rubberstamp proceeding lacking any type of judicial credibility. I was transported to and from the remand prison at Ystad in shackles as if I had been a terror or violent murder suspect. This overreach was clearly intended and calculated to be cruel and humiliating. A minor offense does not merit such degrading treatment. Then, after almost one month of being detained in a prison environment before being tried, in gross violation of my civil rights; I was subjected to additional public humiliation in the courtroom by the trial judges who insisted on publicly showing a video of me going to the bathroom. That was deliberate and calculated to humiliate me before everyone in that court. The prosecutor insisted the video be shown, so the public humiliation was part of her court strategy. The judges could have blurred out the parts that offended my dignity, so the act was calculated. I objected to the public showing of the video but the judge showed it anyway at the insistence of the prosecutor. This clearly demonstrates that the trial was rigged against me a priori.
II.
*** Article 10 (UNDHR): Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
In 2023 I filed a total of five appeals before tribunals in Sweden and none were properly reviewed. Three appeals concerned internment at the Migrationsverket detention facility at Åstorp, Skåne. The appeals against detention are not filed with the court but with the Border Police who then supposedly forward the appellation to the Migration appeals court if they do not agree to grant release. The problem is that in forwarding the appeals to the Migration appeals court; the Swedish Border Police redact the appellation text and only submit to the court a hacked and botched summary of the appeals. So the migration appeals court in reality never gets to review the substance of inmate appeals as they formulate it in their own words. This fraudulent appeals system is the reason why I was forced to endure six months of detention in a situation where I was in constant fear of a homophobic assault and why so many are refouled without recourse. Neither Migrationsverket nor the Swedish Border Police guarantee the physical safety of LGBTQi+ inmates while they are held hostage in the archipelago of detention centers operated by Migrationsverket. Asylum and detention appeals tribunals in Sweden are not independent or impartial forums (as they used to be up to about 2021), but rather entities engaged in the administration of rubber stamps on behalf of the Border Police and Migrationsverket.
III.
*** Article 11 (UNDHR): (1) Everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.
I was subjected to degrading treatment in the context of proceedings related to being investigated on suspicion of a minor crime in Malmö, Sweden in 2023. I was detained in a prison environment, and not a pre-trial detention facility, before being tried; in gross violation of the right to to be presumed innocent until proven guilty and the prohibition of unlawful deprivation of liberty. The prosecutor and police engaged in this arbitrary behavior citing an alleged “flight risk” possibility that they did not back with any type of evidence. The panel that heard my appeal on detention was a panel of local Politicians and the prosecutor, not an impartial legal tribunal. I was not given all the guarantees necessary for an aggressive defense in that context, since my objections to the arbitrariness of the proceeding were dismissed by the prosecutor as “irrelevant information”. That forum was clearly an illegitimate political rubberstamp proceeding lacking any type of judicial credibility. I was transported to and from the remand prison at Ystad in shackles as if I had been a terror or violent murder suspect. This overreach was clearly intended and calculated to be cruel and humiliating. A minor offense does not merit such degrading treatment.
