Communicated cases against France

Friday, March 19, 2021

S.A. and F.A. v France (application no. 40429/19) concerns a Syrian couple who were homeless for several months. The application is based on Articles 3 and 6(1) ECHR. The Court asks whether the applicants’ living conditions, in particular during the period when they were sleeping rough, violate Article 3 ECHR. It further asks, in view of the particular circumstances of the proceedings, whether Article 6 is applicable and assuming so, have the guarantees attached to Article 6, in particular the right to the enforcement of judgments, been violated in this case.

Based on an unofficial translation by the EWLU team.

J.G v France (application no. 55993/20) concerns deportation proceedings against a Sri Lankan national. The applicant complains under Article 3 ECHR.
In this context, the ECtHR asks questions regarding whether domestic remedies have been exhausted and if so, whether the French authorities have taken account of the fact that applicant has refugee status. It asks whether the deportation is likely and if so, whether the applicant would be exposed to treatment contrary to Article 3 ECHR, if the deportation were enforced. Moreover, the ECtHR asks several other questions including (i) has the French Government has received assurances from the Sri Lankan authorities that there is no risk of the applicant being treated contrary to Article 3 ECHR, (ii) what reports did the authorities rely on, (iii) has the French Government issued and enforced any deportation orders to Sri Lanka since 2018 against Sri Lankan nationals because of their links to the Liberation Tigers of Tamil Eelam (LTTE), (iv) have the French authorities been in contact with the Sri Lankan authorities in relation to the applicant in the context of the application for a consular pass and, (v) whether steps were taken to accompany the applicant on his removal and to hand him over to the Sri Lankan authorities.
Based on an unofficial translation by the EWLU team.

A.T v France (application no. 53254/20) concerns proceedings for the expulsion of a Russian national, to Russia. The complaint is based in Article 3 ECHR taken alone and in conjunction with Article 8 ECHR.
In this context, the ECtHR first asks several questions regarding the removal inter alia: ((iii) what are the assurances that the French authorities obtained from the Russian authorities, specifically in relation to the risk of an Article 3 ECHR breach and the risk of being transferred to the North Caucasus and (iv) how the French authorities have established the absence of a risk. Furthermore, it asks whether France has already removed Russian nationals to Russia because of their link to a terrorist movement and whether the French authorities have contacted the Russian authorities on the question of a consular laissez-passer. Finally, the ECtHR asks whether domestic remedies in respect of the complaint under Article 3 in conjunction with Article 8 of the Convention and if so, does the applicant's house arrest constitute an interference with his right to respect for his private life under Article 8 § 1 of the Convention. If so, it further enquires if the interference is sufficiently justified.
Based on an unofficial translation by the EWLU team.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.