A.A. v. SWITZERLAND - 32218/17 (Judgment : Prohibition of torture : Third Section) French Text [2019] ECHR 794 (05 November 2019)

A.A. v. SWITZERLAND - 32218/17 (Judgment : Prohibition of torture : Third Section) French Text [2019] ECHR 794 (05 November 2019)

The Swiss authorities failed to conduct a sufficiently serious ex nunc examination of the consequences of the applicant's conversion to Christianity, particularly regarding how he would manifest his faith upon return to Afghanistan. The Federal Administrative Tribunal presumed, without adequate inquiry, that the...

Source-derived case information.

Citation
[2019] ECHR 794
Parties
Applicant: A. A.; Respondent: Confédération suisse
Jurisdiction
European Union
Judgment Date
05 November 2019
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 3 ECHR if expelled
Legal Topics
Prohibition of Torture, Non Refoulement, Religious Persecution, Asylum, Expulsion, Article 3 ECHR
Human Rights Law Immigration Law Prohibition of Torture Non Refoulement Religious Persecution Asylum Expulsion Article 3 ECHR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

A. A.

Applicant

Confédération suisse

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

Legal Issues

  1. 1 Whether expulsion of the applicant to Afghanistan would violate Article 3 ECHR due to risk of torture or inhuman or degrading treatment based on his conversion to Christianity.

Ratio Decidendi

The Swiss authorities failed to conduct a sufficiently serious ex nunc examination of the consequences of the applicant's conversion to Christianity, particularly regarding how he would manifest his faith upon return to Afghanistan. The Federal Administrative Tribunal presumed, without adequate inquiry, that the applicant could conceal his faith and face no risk, which contradicts international reports indicating that Afghan converts to Christianity face a real risk of persecution, including death. Therefore, expulsion would violate Article 3 ECHR.

Court Disposition

Violation of Article 3 ECHR if expelled

Orders

  • The application is declared admissible.
  • There would be a violation of Article 3 ECHR if the applicant were expelled to Afghanistan.