M.I. v. SWITZERLAND - 56390/21 (Article 3 - Prohibition of torture : Third Section) [2024] ECHR 862 (12 November 2024)

M.I. v. SWITZERLAND - 56390/21 (Article 3 - Prohibition of torture : Third Section) [2024] ECHR 862 (12 November 2024)

Swiss authorities failed to sufficiently assess the applicant's risk of ill-treatment as a homosexual man in Iran and the availability of State protection against harm by non-State actors; removal without a fresh assessment would breach Article 3 of the Convention.

Source-derived case information.

Citation
[2024] ECHR 862
Parties
Applicant: Mr M. I.; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
12 November 2024
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment by European Court of Human Rights (third Section)
Outcome
Violation of Article 3 of the Convention; complaint admissible; no need to examine separately Article 13 and Article 14 complaints; finding of violation constitutes sufficient just satisfaction for non-pecuniary damage; costs and expenses awarded; remainder of claim dismissed.
Legal Topics
Expulsion, Asylum, Sexual Orientation, State Protection, Non State Actor Persecution, Article 3 ECHR
Human Rights Law Refugee Law International Law Expulsion Asylum Sexual Orientation State Protection Non State Actor Persecution +1 more

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Parties

Mr M. I.

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment by European Court of Human Rights (third Section)

Legal Issues

  1. 1 Whether expulsion of a homosexual man to Iran would violate Article 3 of the Convention due to risk of ill-treatment
  2. 2 Whether Swiss authorities sufficiently assessed risk of ill-treatment and availability of State protection against non-State actors

Ratio Decidendi

Swiss authorities failed to sufficiently assess the applicant's risk of ill-treatment as a homosexual man in Iran and the availability of State protection against harm by non-State actors; removal without a fresh assessment would breach Article 3 of the Convention.

Court Disposition

Violation of Article 3 of the Convention; complaint admissible; no need to examine separately Article 13 and Article 14 complaints; finding of violation constitutes sufficient just satisfaction for non-pecuniary damage; costs and expenses awarded; remainder of claim dismissed.

Orders

  • Swiss Government not to expel applicant until judgment becomes final or further decision is made.
  • Swiss Government to pay applicant EUR 7,000 in respect of costs and expenses within three months, plus any tax chargeable, converted to respondent State currency at settlement date.