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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 22/07/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No 39126/18

E.H. vs France

According to the Court's press release:

"The case concerned the return to Morocco of an applicant who claimed to be at risk of treatment contrary to Article 3 on account of his Sahrawi origins and his activism in support of the Sahrawi cause. In general terms, the Court found that Moroccan nationals who were activists for Western Saharan independence and the Sahrawi cause constituted a group at particular risk. In this specific instance, in the light of all the circumstances of the case, the Court agreed with the conclusion reached by the French Office for the Protection of Refugees and Stateless Persons (OFPRA), the National Asylum Court (CNDA) and the Paris and Melun Administrative Courts, all of which had given properly reasoned decisions, in view of the lack of specific information in the file substantiating the applicant’s alleged fears stemming from his involvement with the Sahrawi cause and from the Moroccan authorities’ efforts to find and prosecute him. The Court also noted that the applicant had not produced any document or evidence in the proceedings before it besides those he had previously produced before the domestic authorities. The Court inferred from this that the evidence in the file did not provide substantial grounds for believing that the applicant’s return to Morocco had placed him at real risk of treatment contrary to Article 3 of the Convention. As to the effectiveness of the remedies made available to the applicant under domestic law, the Court noted that he had on four occasions exercised a remedy that suspended the enforcement of the order for his return to Morocco. In the context of these different remedies he had given evidence on four occasions and had been given an opportunity, despite the short deadlines, to present his claims in an effective manner by virtue of the safeguards afforded to him (assistance of an interpreter, support from an approved association, appointment of a legal-aid lawyer). After assessing the proceedings as a whole, the Court concluded that the remedies exercised by the applicant, taken together, had been effective in the particular circumstances of this case. There had therefore been no violation of Article 13 read in conjunction with Article 3 of the Convention."

Political opinion; Return/Removal/Deportation;

European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

Council of Europe,CoE: European Court of Human Rights [ECHR], E.H. vs France, 22/07/2021
The ECtHR ruled on the return to Morocco of an applicant of Sahrawi origin.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1877

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