The European Court of Human Rights issued two judgments on Tuesday, August 30, in which it considers that France violated the European Convention on Human Rights by exposing them to torture and inhuman treatments and degrading.
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France was condemned, Tuesday, August 30, for having expected or wanted to expel two Chechen nationals in Russia, in violation of the European Convention on Human Rights. While the Minister of the Interior, Gérald Darmanin, seems determined to strengthen the expulsions of foreigners a strong marker of his action Place Beauvau and the heart of a bill announced for the fall, the European Court of Human rights (ECHR) has issued two judgments in which it considers that France violated article 3 of the European Convention on Human Rights which prohibits states from torture, or to submit a person relating From their jurisdiction to inhuman or degrading penalties or treatments.
These convictions sound as a reminder of the red lines which prevail in terms of expulsion. “We cannot move away from people only because we consider that they are dangerous or that they make comments that do not please us, underlines Nicolas Hervieu, responsible for teaching at Sciences Po and lawyer specializing in European law of human rights. They remain human beings who cannot in any circumstance risk damage to their lives or inhuman and degrading treatments. It is not because we are a terrorist or a criminal that we can be tortured or killed. It is to the fundamental values of our law states that we touch here. “
” Links with a terrorist organization “
In this case, the stops of the ECHR of August 30 refer to the expulsion of two Russian nationals of Chechen origin. The first had notably been sentenced in 2014 for threats to a person depositary of the public authority and for thefts of flight in meeting, then to six years in prison in 2017 for participation in an association of criminals for preparation for preparation of a terrorist act. He was expelled to Russia in November 2020, after being withdrawn his refugee status and would have been placed in detention a few days later.
The second applicant (who was not referred) had also lost his refugee status after being checked in possession of a Russian passport in 2014 and the Ministry of the Interior had initiated his expulsion in 2020 Because of its role in the radical Islamist movement in France. The European Court estimated that its referral to Russia would expose it to a real risk of being inflicted tortures given in particular “its past as a fighter within a Chechen terrorist organization, as well as its commitment to the benefit of Jihad International “.
“The protection offered by article 3 of the Convention presents an absolute character. It does not suffer any derogation, even in the event of public danger threatening the life of the nation. , where as in this case, the applicant had links with a terrorist organization, “argued in his judgment La ECDH.