ECtHR, XX v. France, No. 9373/15, 2018
- 2018
- France
Topics
Membership in a terrorist organisationLegal bases
European Convention on Human RightsCourts
European Court of Human Rights (ECtHR)Laws
Torture, degrading and inhuman and treatment Right of individual petitionFacts
The applicant, an Algerian national, was convicted in France of involvement in a terrorist organisation and the case concerned his expulsion to Algeria. The applicant alleged in particular that by handing him over to the Algerian authorities, in breach of an interim measure indicated by the Court, the French Government had failed in its obligations under Article 34.
Legal grounds
Article 3 of the ECHR, Article 34 of the ECHR.
Findings
The Court found, in particular, that the expulsion of the applicant, whose conviction for terrorist offences had been known to the Algerian authorities, had exposed him to a real and serious risk of treatment contrary to Article 3. That risk was described in detail in the reports of the UN Committee against Torture and of several NGOs, describing the alarming situation in Algeria. The Court found a violation of Article 3. The Court also held that there had been a violation of Article 34. In this respect, it observed in particular that the French authorities had prepared the applicant’s expulsion to Algeria in such a way that it had taken place only seven hours after the applicant had been informed of it. In so doing they had deliberately created a situation whereby the applicant would have great difficulty in submitting a request for an interim measure to the Court, and had lowered the level of protection under Article 3. The Court reaffirmed that it was acutely aware of the extent of the danger posed to the community by terrorism and that it was legitimate for Contracting States to take a very firm stand against those who contributed to terrorist acts.