M.A. v. SWITZERLAND - 52589/13 - Chamber Judgment [2014] ECHR 1301 (18 November 2014)

M.A. v. SWITZERLAND - 52589/13 - Chamber Judgment [2014] ECHR 1301 (18 November 2014)

The Court found that the applicant submitted credible documentary evidence of conviction and punishment for anti-regime activities in Iran, including a sentence of seven years' imprisonment and 70 lashes. The Swiss authorities failed to properly challenge the authenticity of these documents or to verify them. Given the grave human rights situation in Iran and the likelihood of enforcement of the sentence upon return, the applicant faces a real risk of torture and inhuman or degrading treatment contrary to Article 3. The discrepancies in the applicant's accounts were satisfactorily explained by the nature and timing of the interviews and do not undermine his credibility.

Citation
[2014] ECHR 1301
Parties
Applicant: Mr M. A.; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
18 November 2014
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment by European Court of Human Rights
Outcome
Application allowed; expulsion would violate Article 3 of the Convention.
Legal Topics
Expulsion, Asylum, Torture, Inhuman or Degrading Treatment, Burden of Proof, Credibility Assessment
Human Rights Law Immigration Law International Law Expulsion Asylum Torture Inhuman or Degrading Treatment Burden of Proof +1 more

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Parties

Mr M. A.

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment by European Court of Human Rights

Legal Issues

  1. 1 Whether expulsion of the applicant to Iran would violate Article 3 of the Convention due to risk of torture or inhuman and degrading treatment
  2. 2 Whether the applicant's submissions and documentary evidence are credible and sufficient to establish a real risk under Article 3

Ratio Decidendi

The Court found that the applicant submitted credible documentary evidence of conviction and punishment for anti-regime activities in Iran, including a sentence of seven years' imprisonment and 70 lashes. The Swiss authorities failed to properly challenge the authenticity of these documents or to verify them. Given the grave human rights situation in Iran and the likelihood of enforcement of the sentence upon return, the applicant faces a real risk of torture and inhuman or degrading treatment contrary to Article 3. The discrepancies in the applicant's accounts were satisfactorily explained by the nature and timing of the interviews and do not undermine his credibility.

Court Disposition

Application allowed; expulsion would violate Article 3 of the Convention.

Orders

  • Swiss Government is prohibited from expelling the applicant to Iran as it would violate Article 3.
  • No further orders regarding compensation or costs specified.