B AND C v. SWITZERLAND - 889/19 (Judgment : Struck out of the list : Third Section) [2020] ECHR 812 (17 November 2020)

B AND C v. SWITZERLAND - 889/19 (Judgment : Struck out of the list : Third Section) [2020] ECHR 812 (17 November 2020)

Expulsion of the applicant to Gambia without a fresh assessment of the risk of ill-treatment and the availability of State protection against persecution on grounds of sexual orientation by non-State actors would constitute a violation of Article 3. The Swiss authorities failed to sufficiently assess these risks,...

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Citation
[2020] ECHR 812
Parties
Applicant: Mr B; Applicant: Mr C; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
17 November 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Expulsion, Non Refoulement, Sexual Orientation, State Protection, Ill Treatment
Human Rights Immigration Refugee Law Expulsion Non Refoulement Sexual Orientation State Protection Ill Treatment

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Parties

Mr B

Applicant

Mr C

Applicant

Swiss Confederation

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether expulsion of the applicant to Gambia would violate Article 3 of the Convention due to risk of ill-treatment based on sexual orientation
  2. 2 Whether the Swiss authorities sufficiently assessed the risk and availability of State protection against ill-treatment by non-State actors in Gambia

Ratio Decidendi

Expulsion of the applicant to Gambia without a fresh assessment of the risk of ill-treatment and the availability of State protection against persecution on grounds of sexual orientation by non-State actors would constitute a violation of Article 3. The Swiss authorities failed to sufficiently assess these risks, particularly the general unwillingness of Gambian authorities to protect LGBTI persons and the possibility of discovery of applicant's homosexuality.

Court Disposition

violation found

Orders

  • Swiss authorities must conduct a fresh assessment of risk and State protection before expelling the applicant.
  • Application in respect of second applicant struck out due to death and lack of interested heirs.