Skip Ribbon Commands
Skip to main content
12/11/2024
The ECtHR found that there would be a violation of Article 3 in case the applicant, an Iranian national, would be expelled without a fresh assessment of the risk of ill-treatment, in view of his sexual orientation and the discrimination against LGBTIQ+ in his country of origin.

ECLI
ECLI:CE:ECHR:2024:1112JUD005639021
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], M.I. v Switzerland, No 56390/21, ECLI:CE:ECHR:2024:1112JUD005639021, 12 November 2024. 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=4639
Case history
Other information
Abstract

According to the ECtHR press release:


"The applicant, Mr M.I., is an Iranian national who was born in 1990 and lives in Zurich. Mr M.I. is a homosexual and alleges that he had to leave Iran when his family found out about his sexuality. The case concerns the Swiss authorities’ rejection of his asylum application. They concluded that he would not be at risk if expelled to Iran provided that he continued to live his private life there in a discreet manner upon his return. His expulsion was stayed in November 2022 pending the proceedings before the European Court, following its granting his request for interim measures under Rule 39 of the Rules of Court.


Relying on Articles 2 (right to life) and 3 (prohibition of inhuman or degrading treatment), the applicant alleges that he would face a real and imminent risk of arrest, ill-treatment or death at the hands of the authorities, of his family or of society at large. He argues in particular that the Swiss authorities failed to carry out a comprehensive assessment of the risks of his expulsion to a country where homophobia and discrimination against LGBTI persons was widespread. He also relies on Articles 13 (right to an effective remedy) and 14 (prohibition of discrimination).


The court found a violation of Article 3 – should the applicant be returned to Iran without a fresh assessment of the risk of ill treatment.


Interim measure (Rule 39 of the Rules of Court): still in force until the present judgment becomes final or until further decision is made; Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant and that the respondent State was to pay him EUR 7,000 for costs and expenses."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 56390/21
Date of Decision
12/11/2024
Country of Origin
Iran
Keywords
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment
Other Source/Information
Press release
RETURN