ECtHR, XX v. France, No. 19576/08, 2009

• 2009
• France

Topics

Islamic extremism Membership in a terrorist organisation Public security

Legal bases

European Convention on Human Rights

Courts

European Court of Human Rights (ECtHR)

Laws

Torture, degrading and inhuman and treatment

Relevant links

• https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-96005%22]} https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22002-1184%22]} https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-2955424-3252845%22]} https://www.echr.coe.int/Documents/FS_Terrorism_ENG.pdf

Facts

The case concerns the deportation to Algeria of a person convicted in France of terrorist offences. The applicant was arrested in the context of an operation to dismantle a radical Islamist group affiliated to al-Qaeda. He was suspected of having prepared a suicide attack on the US embassy in Paris.

Legal grounds

Article 3 of the ECHR

Findings

The Court had regard to reports of the United National Committee against Torture and observed that in numerous instances of arrests by officers of the Security Services (DRS) in Algeria, persons suspected of involvement in international terrorism were at risk of ill-treatment including torture. Having regards to the particular profile of the applicant, who was not only suspected of links with terrorism but had been convicted of a serious offence in France of which the Algerian authorities were aware, the Court found that it was likely that, were he to be deported in Algeria, he would become a target for the DRS. In conclusion, the Court held violation of Article 3 of the Convention in the event of implementation of the decision to deport the applicant to Algeria.