ECtHR decision in K.K. v. France, Application No. 18913/11 [Articles 3 and 13], 10 October 2013

The applicant is an Iranian national and former member of the Iranian intelligence services (IRS). His retirement from the IRS in 2006 resulted in the authorities allegedly abducting and imprisoning him, hanging him upside down and beating him, and ordering him to re-join the IRS. This caused him to flee to France, where his application for asylum was dismissed and he was detained pending removal. The applicant alleged to the ECtHR that his removal to Iran would expose him to treatment contrary to Article 3 (degrading or inhuman treatment), and a Rule 39 Interim Measure requesting temporary suspension of his removal was granted. The applicant also alleged that the placing of his asylum application under the priority procedure was a violation of Article 13 (right to effective remedy) in conjunction with Article 3.

The Court ruled the situation in Iran as insufficiently serious to prevent all returns. However, the Court was persuaded by the applicant's detailed story and documentary evidence of his stance against the IRS and their prosecution of him due to his resignation. The Court found no reasoning in the decisions of the French authorities to justify their doubts about the applicant's authenticity.  The Court also noted the specific risk of detention and questioning faced by returning Iranians, including the applicant, who previously left Iran unlawfully. The Court therefore found that his removal would violate Article 3. The Court however did not find a violation of Article 13, due to the applicant's delay in France before making his application for asylum (2 years) and due to his failure to inform the French authorities that he had already applied for asylum in Greece and the UK. These failures on the applicant's part warranted his placement under the priority procedure and the consequent reduced time to prepare his application and supporting documents.

Summary based on an unofficial ECRE translation. Read the judgment (French only) of the European Court of Human Rights.

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