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Strasbourg Court cautions against return of asylum seeker to Turkey from Greece

In B.A.C. v. Greece, judgment of 13 October 2016, the Strasbourg Court found (potential) violations of ECHR highlighting two major issues: the non-delivery by Greece of a final decision on the Turkish asylum seeker’s application for approx. 12 years; and the substantial risk of ill-treatment by Turkey in case of a forced return.

The case concerned a political activist who had been detained and tortured in Turkey in mid- late 1990s. His extraditions request had been rejected by Greece.

The judgment has potential ramifications for other similar cases of Turkish asylum seekers pending in (or forthcoming)  Greece/Strasbourg.

Link to press release: http://hudoc.echr.coe.int/eng-press?i=003-5517200-6939523

 

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
in 2010.

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:
http://hudoc.echr.coe.int/webservices/content/pdf/003-4982529-6110158

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blogdroiteuropéen

blogguer différemment sur le droit européen

All for National Archaeological Museum - Athens

The official blog of the museum with snapshots from its daily life

East Ethnia

Balkan politics and academics

Inforrm's Blog

The International Forum for Responsible Media Blog

ΣΥΓΧΡΟΝΑ ΘΕΜΑΤΑ

Τριμηνιαία Έκδοση Επιστημονικού Προβληματισμού και Παιδείας

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

European Western Balkans

The most influential portal on European integration in the Western Balkans

LancsLaw

The official blog of Lancaster University Law School

A Gael in Greece

... news, history and much more ...

MIGRANTS AT SEA

Following migration by sea from Africa to or towards Europe.