Effectiveness of French asylum system again questioned in Sudanese asylum seeker cases
In today’s two ECtHR judgments, in the cases of A.A. v. France and A.F. v. France, the ECtHR held, unanimously, that there would be a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the ECHR if the applicants were deported to Sudan.
The cases concerned proceedings to deport to Sudan two Sudanese nationals – A.A., from a non-
Arab tribe in Darfur, and A.F., from South Darfur and of Tunjur ethnicity – who had arrived in France
With regard to the general context, the Court had recently observed that the human-rights situation
in Sudan was alarming, in particular where political opponents were concerned, and that merely
belonging to a non-Arab ethnic group in Darfur gave rise to a risk of persecution. The Court noted
that the situation had deteriorated further since the beginning of 2014.
The Court found in both cases, that included rejections of the applicants’ asylum applications by the French authorities, that were the orders to deport the applicants to Sudan to be enforced, the applicants would, on account of their individual circumstances, run a serious risk of incurring treatment contrary to Article 3 of the Convention.
Court’s press release: