A.I. v. SWITZERLAND - 23378/15 (Judgment : Remainder inadmissible (Article 35-3-a - Manifestly ill-founded) Violation of Article 2 - Right to life (Article 2 - Expulsio...) French Text [2017] ECHR 488 (30 May 2017)

A.I. v. SWITZERLAND - 23378/15 (Judgment : Remainder inadmissible (Article 35-3-a - Manifestly ill-founded) Violation of Article 2 - Right to life (Article 2 - Expulsio...) French Text [2017] ECHR 488 (30 May 2017)

The applicant's membership and active participation in JEM and DFEZ, including media responsibilities and public criticism of the Sudanese government, create a real risk that he would be detained, interrogated, and tortured if expelled to Sudan. The surveillance of political opponents by Sudanese authorities extends...

Source-derived case information.

Citation
[2017] ECHR 488
Parties
Applicant: A. I.; Respondent: Confédération suisse
Jurisdiction
European Union
Judgment Date
30 May 2017
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Articles 2 and 3 ECHR found; remainder of application inadmissible as manifestly ill-founded under Article 35-3-a.
Legal Topics
Expulsion, Risk of Torture, Right to Life, Political Activities in Exile
Human Rights Immigration Refugee Law Expulsion Risk of Torture Right to Life Political Activities in Exile

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Parties

A. I.

Applicant

Confédération suisse

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether expulsion of the applicant to Sudan would violate Articles 2 and 3 of the European Convention on Human Rights due to risk of torture or death
  2. 2 Whether the applicant's activities in exile are sufficient to attract attention of Sudanese authorities and create risk

Ratio Decidendi

The applicant's membership and active participation in JEM and DFEZ, including media responsibilities and public criticism of the Sudanese government, create a real risk that he would be detained, interrogated, and tortured if expelled to Sudan. The surveillance of political opponents by Sudanese authorities extends to individuals with less prominent profiles. Therefore, expulsion would violate Articles 2 and 3 ECHR.

Court Disposition

Violation of Articles 2 and 3 ECHR found; remainder of application inadmissible as manifestly ill-founded under Article 35-3-a.

Orders

  • Swiss authorities must not expel the applicant to Sudan.
  • No satisfaction awarded as applicant made no claim.