X v. SWITZERLAND - 16744/14 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) [2017] ECHR 103 (26 January 2017)

X v. SWITZERLAND - 16744/14 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) [2017] ECHR 103 (26 January 2017)

The Swiss authorities violated Article 3 ECHR by failing to rigorously assess the real risk of ill-treatment upon deporting the applicant to Sri Lanka, despite available evidence and warnings. The subsequent measures taken by Switzerland did not provide sufficient redress, as no compensation for non-pecuniary damage was awarded, and the remedy under the Liability Act was not effective in practice. The applicant retained victim status and was entitled to just satisfaction.

Citation
[2017] ECHR 103
Parties
Applicant: Mr X; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
26 January 2017
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Just Satisfaction
Outcome
Application admissible; violation of Article 3 ECHR found; just satisfaction awarded.
Legal Topics
Non Refoulement, Asylum, Prohibition of Torture, State Liability, Victim Status Under ECHR
Human Rights Law Immigration Law Non Refoulement Asylum Prohibition of Torture State Liability Victim Status Under ECHR

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Parties

Mr X

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Just Satisfaction

Legal Issues

  1. 1 Whether the Swiss authorities violated Article 3 ECHR by deporting the applicant to Sri Lanka without proper risk assessment
  2. 2 Whether the applicant lost victim status due to subsequent redress by Swiss authorities

Ratio Decidendi

The Swiss authorities violated Article 3 ECHR by failing to rigorously assess the real risk of ill-treatment upon deporting the applicant to Sri Lanka, despite available evidence and warnings. The subsequent measures taken by Switzerland did not provide sufficient redress, as no compensation for non-pecuniary damage was awarded, and the remedy under the Liability Act was not effective in practice. The applicant retained victim status and was entitled to just satisfaction.

Court Disposition

Application admissible; violation of Article 3 ECHR found; just satisfaction awarded.

Orders

  • Respondent State to pay applicant EUR 30,000 in respect of non-pecuniary damage.
  • Respondent State to pay applicant EUR 4,770 in respect of costs and expenses.