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30/08/2022
The ECtHR found inadequate assessment of risks on potential expulsion of Russian nationals of Chechen origin to Russia

ECLI
ECLI:CE:ECHR:2022:0830JUD000134821
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], W. v France, 1348/21, ECLI:CE:ECHR:2022:0830JUD000134821, 30 August 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2710
Case history
Other information
Abstract

According to the ECtHR press release:


"The Court held, by a majority, that there would be a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention if the decision to deport the applicant to the Russian Federation were to be implemented.


The case concerned an order to deport the applicant, a Russian national of Chechen origin whose refugee status had been revoked under Article L. 711-4 of the Immigration and Asylum Code, to Russia. The applicant had argued before the Court that his deportation would expose him to risks because the prefecture had provided the consulate of the Russian Federation with details on his personal situation along with the request for readmission. In view of the serious and established facts which allowed it to determine the existence of a real risk of treatment in breach of Article 3 of the Convention, the Court found that the decision to deport the applicant to the Russian Federation would entail a violation of Article 3 of the Convention if it were to be enforced."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
1348/21
Date of Decision
30/08/2022
Country of Origin
Russia
Keywords
Withdrawal/End/Revocation/Renewal of Protection
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment