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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 : 10/07/2018
Type : Judgment
ECLI : ECLI:CE:ECHR:2018:0710JUD001431917
Case Number/Citation/ Document Symbol : 14319/17

X (Morocco) v The Netherlands


ECHR's case related to the removal of a Moroccan national from the Netherlands to his country of origin.

According to the Press Release: The applicant, Mr X, is a Moroccan national who was born in 1988 and is currently in the Netherlands. The case concerned his possible expulsion from the Netherlands to Morocco. He left Morocco in 2012 and went to stay with family in the Netherlands, overstaying his tourist visa. In 2014 he was arrested on suspicion of planning terrorist attacks in the Netherlands and placed in police custody. In June 2016 he was convicted of preparing terrorist offences and sentenced to 12 months’ imprisonment. In the meantime, he had applied for asylum, claiming that he would be at risk of being detained and ill-treated if he were removed to Morocco where he was considered a terror suspect. His application was rejected in July 2016, the Netherlands authorities finding that he had not made out a plausible case. In particular he was not being searched for by the Moroccan authorities, nor had he been charged with any criminal offences there. His fears were based on general reports and assumptions. The courts upheld this decision and rejected the applicant’s appeal in February 2017. The Dutch authorities scheduled the applicant’s removal to Morocco in March 2017. However, his deportation was stayed on the basis of an interim measure granted by the European Court of Human Rights under Rule 39 of its Rules of Court, which indicated to the Dutch Government that he should not be deported for the duration of the proceedings before it. Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment), the applicant alleged in particular that, as a known terror suspect, he belonged to a group systematically exposed to torture and/or ill-treatment in Morocco. He alleged that the Moroccan authorities must be aware of his conviction for a terrorism offence in the Netherlands and his links to a dismantled terrorist cell in Morocco, because he had been personally named in a Moroccan judgment convicting nine members of the cell. No violation of Article 3 in the event of X’s removal to Morocco

Renewal/Withdrawal/Revocation of Protection;

European Convention on Human Rights;

EASO Annual Report on the Situation of Asylum in the EU

Council of Europe, European Court of Human Rights [ECHR], X (Morocco) v The Netherlands, 14319/17, ECLI:CE:ECHR:2018:0710JUD001431917, 10 July 2018. Link redirects to the English summary in the EASO Case Law Database.