N.A. v Finland
ECHR rules that the Finnish authorities and courts failed to comply with their obligations under the Convention when dealing with the applicant’s father’s asylum application who was killed upon his (voluntary) return in Iraq
According the ECHR's Press Release, in the case of N.A. v. Finland (application no. 25244/18) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman and degrading treatment) of the European Convention on Human Rights owing to decisions to deport the applicant’s father to his country of origin, Iraq, where he was subsequently killed.
The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of tensions between Shia and Sunni Muslim groups, the father belonging to the latter. The Finnish authorities’ decision to expel the father, who had had a conflict with a Shia colleague in his place of work as an investigator for the Interior Ministry, had ultimately forced him to agree to return voluntarily to Iraq, where he had been shot and killed soon after arrival.
Following this judgment, on 23 April 2020, the Finnish Government requested the revision as the applicant had forged documents relating to her father's death and presented a false account of the events. The ECtHR allowed the request and annulled the judgment for abuse of right of petition on 13 July 2021.
Assessment of Application; Country of Origin Information; First Instance determination; Iraq; Non-refoulement; Return/Removal/Deportation;
ECHR Press Release
Council of Europe, European Court of Human Rights [ECHR], N.A. v Finland, Application no. 25244/18, ECLI:CE:ECHR:2019:1114JUD002524418, 14 November 2019. Link redirects to the English summary in the EASO Case Law Database.